BILL NUMBER: AB 2238 CHAPTERED
BILL TEXT
CHAPTER 621
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2002
APPROVED BY GOVERNOR SEPTEMBER 17, 2002
PASSED THE ASSEMBLY AUGUST 28, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 13, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN ASSEMBLY MAY 23, 2002
AMENDED IN ASSEMBLY MAY 1, 2002
AMENDED IN ASSEMBLY APRIL 18, 2002
AMENDED IN ASSEMBLY APRIL 9, 2002
INTRODUCED BY Assembly Member Dickerson
FEBRUARY 20, 2002
An act to amend Section 6254.21 of, and to add Section 6254.24 to,
the Government Code, and to amend Section 146e of the Penal Code,
relating to public officials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2238, Dickerson. Public Safety Officials Home Protection Act.
Existing law prohibits any state or local agency from posting the
home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of
that individual.
This bill would, in addition, prohibit any person from knowingly
posting the above information of any elected or appointed official,
as defined, or the official's residing spouse or child, on the
Internet knowing that person is an elected or appointed official and
intending to cause imminent great bodily harm that is likely to
occur, or threatening to cause imminent great bodily harm, to that
individual. The bill would include public safety officials, as
defined, within the list of covered officials. This bill would make
a violation of these provisions a misdemeanor, and would make the
violation a misdemeanor or a felony if it leads to the bodily injury
of the official or his or her residing spouse or child. By creating
new crimes, this bill would impose a state-mandated local program.
Under existing law every person who maliciously, and with the
intent to obstruct justice or the due administration of the laws,
publishes, disseminates, or otherwise discloses the residence address
or telephone number of any peace officer, nonsworn police
dispatcher, or employee of a city police department or county sheriff'
s office, or that of the spouse or children of these persons, whether
living with them or not, while designating the peace officer,
nonsworn police dispatcher, or relative of these persons as such,
without the authorization of the employing agency, is guilty of a
misdemeanor.
This bill would include with the intent or threat to inflict
imminent physical harm in retaliation for the due administration of
the laws in the above prohibition, and would include public safety
officials, as defined, among the list of those who may not have their
information published. It would prohibit disclosure of the
addresses and telephone numbers of only the spouses and children
residing with the specified persons. Because this bill would create
a new crime, it would impose a state-mandated local program.
The bill would create an advisory task force to determine how to
protect a public safety official's home information. The task force
would be chaired by the Attorney General and would be comprised of
various representatives from law enforcement, the legal community,
and the business community. The bill would require the task force,
by September 1, 2003, to file a report with the Legislature on, among
other things, how to protect a public safety official's home
information.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Public
Safety Officials Home Protection Act.
SEC. 2. Section 6254.21 of the Government Code is amended to read:
6254.21. (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
(b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child on the Internet knowing that person is an
elected or appointed official and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual. A violation of this
subdivision is a misdemeanor. A violation of this subdivision that
leads to the bodily injury of the official, or his or her residing
spouse or child, is a misdemeanor or a felony.
(c) For purposes of this section "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official as defined in Section 6254.24.
(d) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any other
provision of law.
SEC. 3. Section 6254.24 is added to the Government Code, to read:
6254.24. As used in this chapter, "public safety official" means
the following:
(a) An active or retired peace officer as defined in Sections 830
and 830.1 of the Penal Code.
(b) An active or retired public officer or other person listed in
Sections 1808.2 and 1808.6 of the Vehicle Code.
(c) An "elected or appointed official" as defined in subdivision
(b) of Section 6254.21.
(d) Attorneys employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender.
(e) City attorneys and attorneys who represent cities in criminal
matters.
(f) Specified employees of the Department of Corrections, the
California Youth Authority, and the Prison Industry Authority who
supervise inmates or are required to have a prisoner in their care or
custody.
(g) Nonsworn employees who supervise inmates in a city police
department, a county sheriff's office, the Department of the
California Highway Patrol, federal, state, and local detention
facilities, and local juvenile halls, camps, ranches, and homes.
(h) Federal prosecutors and criminal investigators and National
Park Service Rangers working in California.
(i) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty.
SEC. 4. Section 146e of the Penal Code is amended to read:
146e. (a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with the
intent or threat to inflict imminent physical harm in retaliation for
the due administration of the laws, publishes, disseminates, or
otherwise discloses the residence address or telephone number of any
peace officer, nonsworn police dispatcher, employee of a city police
department or county sheriff's office, or public safety official, or
that of the spouse or children of these persons who reside with them,
while designating the peace officer, nonsworn police dispatcher,
employee of a city police department or county sheriff's office, or
public safety official, or relative of these persons as such, without
the authorization of the employing agency, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) with regard to any peace
officer, employee of a city police department or county sheriff's
office, or public safety official, or the spouse or children of these
persons, that results in bodily injury to the peace officer,
employee of the city police department or county sheriff's office, or
public safety official, or the spouse or children of these persons,
is a felony.
(c) For purposes of this section, "public safety official" is
defined in Section 6254.24 of the Government Code.
SEC. 5. (a) An advisory task force shall be created to determine
how to protect a public safety official's home information. The task
force shall be chaired by the Attorney General and shall be
comprised of representatives from the following:
(1) Interested state enforcement entities, including, but not
limited to, the Department of Justice, the Department of the
California Highway Patrol, and the Office of Privacy Protection in
the Department of Consumer Affairs.
(2) The judicial community.
(3) The legal community, including, the district attorneys and
public defenders.
(4) The state recorders and assessors.
(5) The business community involved in real estate transactions.
(b) The task force shall prepare a report of its findings that,
among other things, includes a comprehensive plan on how to protect a
public safety official's home information, definitions of those
comprising public safety officials, and other information or
proposals that may be necessary to carry out this act. This report
shall be filed with the Legislature no later than September 1, 2003.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.