Bill Text: CA SB1311 | 2015-2016 | Regular Session | Introduced

California Senate Bill 1311 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: confidential home address.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 889, Statutes of 2016. [SB1311 Detail]

Download: California-2015-SB1311-Introduced.html

BILL NUMBER: SB 1311	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Glazer

                        FEBRUARY 19, 2016

   An act to amend Section 1808.4 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1311, as introduced, Glazer. Vehicles: confidential home
address.
   Existing law makes confidential, upon request, the home addresses
of specified governmental officials, peace officers, state employees,
and certain other persons that appear in the records of the
Department of Motor Vehicles. Existing law prohibits the disclosure
of the confidential home addresses described above, except as
specified. Existing law requires a record of the department
containing a confidential home address to be open to public
inspection, as specified, if the address is completely obliterated or
otherwise removed from the record. Existing law also provides that
following the termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense, as specified.
   This bill would require the department, for certain persons and
within 30 days, to discontinue holding a home address confidential
pursuant to the above provisions if the department receives a written
notification from the sheriff, chief of police, or other head of an
employing agency of the employee directing the department to
discontinue holding the home address confidential.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1808.4 of the Vehicle Code is amended to read:
   1808.4.  (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
   (1) Attorney General.
   (2) State Public Defender.
   (3) A Member of the Legislature.
   (4) A judge or court commissioner.
   (5) A district attorney.
   (6) A public defender.
   (7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
   (8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
   (9) A nonsworn police dispatcher.
   (10) A child abuse investigator or social worker, working in child
protective services within a social services department.
   (11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
   (12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
   (13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
   (14) A county counsel assigned to child abuse cases.
   (15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
   (16) A member of a city council.
   (17) A member of a board of supervisors.
   (18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
   (19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
   (20) An employee of a trial court.
   (21) A psychiatric social worker employed by a county.
   (22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
   (23) A state employee in one of the following classifications:
   (A) Licensing Registration Examiner, Department of Motor Vehicles.

   (B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
   (C) Museum Security Officer and Supervising Museum Security
Officer.
   (D) Licensing Program Analyst, Department of Social Services.
   (24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
   (B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
   (C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
   (ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole or probation.
   (iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole or probation.
   (b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
   (1) A court.
   (2) A law enforcement agency.
   (3) The State Board of Equalization.
   (4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
   (5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
   (c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
   (2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
   (3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer. 
   (4) Notwithstanding paragraphs (2) and (3), the department shall
discontinue holding a home address confidential pursuant to
subdivision (a) if the department receives a written notification
from the sheriff, chief of police, or other head of an employing
agency of the employee directing the department to discontinue
holding the home address confidential. The department shall comply
with a notification pursuant to this paragraph within 30 calendar
days of receipt of the notification. This paragraph shall apply only
to the home address of a person specified in paragraph (9), (11),
(13), or (22) of subdivision (a), or the spouse or child of any of
those persons.  
   (4) 
    (5)  The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
   (d)  (1)    A violation of subdivision (a) by
the disclosure of the confidential home address of a peace officer,
as specified in paragraph (11) of subdivision (a), a nonsworn
employee of the city police department or county sheriff's office, or
the spouses or children of these persons, including, but not limited
to, the surviving spouse or child listed in subparagraph (B) of
paragraph (24) of subdivision (a), that results in bodily injury to
the peace officer, employee of the city police department or county
sheriff's office, or the spouses or children of these persons is a
felony. 
   (2) The failure to hold a home address confidential pursuant to
subdivision (a) for a person whose home address is no longer held
confidential pursuant to paragraph (4) of subdivision (c) shall not
be a violation of paragraph (1) provided the date of disclosure was
after termination of the address withholding.