BILL NUMBER: AB 2629 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2002
INTRODUCED BY Assembly Member Liu
FEBRUARY 21, 2002
An act to amend Section 399 of the Welfare and
Institutions Code, relating to minors. An act to amend
Section 1808.21 of the Vehicle Code, relating to records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2629, as amended, Liu. Minors: foster care placement
Vehicles: records: identity theft .
Under existing law, any registration or driver's license record of
a person may be suppressed from any other person, with specified
exceptions, if the person requesting the suppression submits
verification to the Department of Motor Vehicles that he or she is
the victim of stalking or that there exists a threat of great bodily
injury to his or her person. Under existing law this suppression
occurs for one year after approval by the department. The
suppression may be extended for 2 more one-year periods if, at the
expiration of each period, a letter is submitted to the department
stating that the person continues to have reasonable cause to believe
that he or she is the subject of stalking or that there exists a
threat of death or great bodily injury. The suppression may be
additionally continued at the end of the 2nd period by submitting
verification acceptable to the department.
This bill would add victims of identity theft, as defined, to
those persons eligible to request suppression of their registration
or driver's license records. The bill would also require the
department to continue suppression until the person whose records are
suppressed submits a letter to the department stating that he or she
wishes to end the period of suppression.
Existing law provides that any minor being considered for
placement in a foster home has the right to make a brief statement to
the court making a decision on placement. The right continues for
any proceedings concerning continued placement or a decision to
return the minor to parental custody.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 399 of the Welfare and Institutions
SECTION 1. Section 1808.21 of the Vehicle Code is amended to read:
1808.21. (a) Any residence address in any record of the
department is confidential and shall not be disclosed to any person,
except a court, law enforcement agency, or other government agency,
or as authorized in Section 1808.22 or 1808.23.
(b) Release of any mailing address or part thereof in any record
of the department may be restricted to a release for purposes related
to the reasons for which the information was collected, including,
but not limited to, the assessment of driver risk, or ownership of
vehicles or vessels. This restriction does not apply to a release to
a court, a law enforcement agency, or other governmental agency, or
a person who has been issued a requester code pursuant to Section
1810.2.
(c) Any person providing the department with a mailing address
shall declare, under penalty of perjury, that the mailing address is
a valid, existing, and accurate mailing address and shall consent to
receive service of process pursuant to subdivision (b) of Section
415.20, subdivision (a) of Section 415.30, and Section 416.90 of the
Code of Civil Procedure at the mailing address.
(d) (1) Any registration or driver's license record of a person
may be suppressed from any other person, except those persons
specified in subdivision (a), if the person requesting the
suppression submits verification acceptable to the department that he
or she has reasonable cause to believe either of the following:
(A) That he or she is the subject of stalking, as specified in
Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
(B) That there exists a threat of death or great bodily injury to
his or her person, as defined in Section 12022.7 of the Penal Code.
(C) That he or she is the victim of identity theft, as defined in
Section 1798.92 of the Civil Code.
(2) Upon suppression of a record, each request for information
about that record shall be authorized by the subject of the record or
verified as legitimate by other investigative means by the
department before the information is released.
(e) Suppression of a record pursuant to subdivision (d) shall
occur shall occur for one year after approval by the
department. Not less than 60 days prior to the date the suppression
of the record would otherwise expire, the department shall notify the
subject of the record of its impending expiration. The suppression
may be continued for two additional periods of one year each if a
letter is submitted to the department stating that the person
continues to have a reasonable cause to believe that he or she is the
subject of stalking or that there exists a threat of death or great
bodily injury as described in subparagraph (B) of paragraph (1) of
subdivision (d). The suppression may be additionally continued at the
end of the second one-year period by submitting verification
acceptable to the department. The notification described in this
subdivision shall instruct the person of the method to reapply for
record suppression until the person whose records are
suppressed submits a letter to the department stating that he or she
wishes to end the period of suppression .
(f) For the purposes of subdivisions
subdivision (d) and (e) , "verification
acceptable to the department" means recent police reports, court
documentation, or other documentation from a law enforcement agency.
Code is amended to read:
399. Any minor being considered for placement in a foster home
shall have the right to make a brief statement to the court making a
decision on placement. The court may disregard any preferences
expressed by the minor. The minor's right to make a statement is not
limited to the initial placement, but shall continue for any
proceedings concerning continued placement or a decision to return
the minor to parental custody.