BILL NUMBER: AB 84 CHAPTERED 10/13/01 CHAPTER 809 FILED WITH SECRETARY OF STATE OCTOBER 13, 2001 APPROVED BY GOVERNOR OCTOBER 12, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN SENATE SEPTEMBER 7, 2001 AMENDED IN SENATE AUGUST 31, 2001 AMENDED IN SENATE JULY 12, 2001 AMENDED IN ASSEMBLY MAY 10, 2001 INTRODUCED BY Assembly Member Hertzberg (Coauthors: Assembly Members Aanestad, Aroner, Chan, Diaz, Firebaugh, Havice, Hollingsworth, Horton, Keeley, Koretz, La Suer, Oropeza, Pavley, Richman, and Washington) (Coauthor: Senator Scott) JANUARY 8, 2001 An act to amend Section 1808.4 of the Vehicle Code, relating to the Department of Motor Vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 84, Hertzberg. Department of Motor Vehicles: records: confidentiality: psychiatric social workers and trial court employees. (1) Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in any records of the Department of Motor Vehicles, except to a court, a law enforcement agency, and certain other official entities. Existing law makes a violation of the prohibition specified above a crime if the disclosure is of the home address of the public officials and employees, or the spouses or children of these officials or employees. This bill, in addition, would require the home addresses of employees of a trial court, psychiatric social workers employed by counties, and the spouses and children of these employees and workers to be withheld from public inspection. The bill would also authorize the disclosure of the home addresses of certain public employees and officials to an attorney in a civil or criminal action who demonstrates to a court the need for the information, if the disclosure is made pursuant to a subpoena. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (2) This bill would incorporate additional changes in Section 1804.4 of the Vehicle Code, proposed by AB 1029, to be operative only if AB 1029 and this bill are both enacted and become effective on or before January 1, 2002, and this bill is enacted last. (3) 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. The Legislature finds and declares all of the following: (a) Psychiatric social workers and trial court employees are dedicated public servants. By the nature of their job, they are involved in circumstances where the potential for the violent retaliation from some high-risk clients exists. Psychiatric social workers perform their duties in a variety of settings, including clinics, jails, juvenile halls, independent living skills training programs, shelters, and in the field in response to emergency calls. (b) A helping professional often becomes a target for clients that may be upset and capable of violence. In the carrying out of their professional duties, psychiatric social workers and trial court employees are vulnerable to aggressive and threatening behavior. The Legislature recognizes that psychiatric social workers and trial court employees may face real, life-threatening situations in carrying out their professional duties. SEC. 2. Section 1808.4 of the Vehicle Code is amended to read: 1808.4. (a) The home address of any of the following persons, that appears in any record of the department, is confidential, if the person requests the confidentiality of that information: (1) Attorney General. (2) State public defender. (3) Members of the Legislature. (4) Judges or court commissioners. (5) District attorneys. (6) Public defenders. (7) Attorneys 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) City attorneys and attorneys who submit verification from their public employer that they represent the city in matters that routinely place them in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if those attorneys are employed by city attorneys. (9) Nonsworn police dispatchers. (10) Child abuse investigators or social workers, working in child protective services within a social services department. (11) Active or retired peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) Employees of the Department of Corrections, the Department of the Youth Authority, or the Prison Industry Authority specified in Sections 20017.77 and 20017.79 of the Government Code. (13) Nonsworn employees of 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, who submit agency verification that, in the normal course of their employment, they control or supervise inmates or are required to have a prisoner in their care or custody. (14) County counsels assigned to child abuse cases. (15) Investigators employed by the Department of Justice, a county district attorney, or a county public defender. (16) Members of a city council. (17) Members of a board of supervisors. (18) Federal prosecutors and criminal investigators and National Park Service Rangers working in this state. (19) Any active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) Any employee of a trial court. (21) Any psychiatric social worker employed by a county. (22) (A) The spouse or child of any person listed in paragraphs (1) to (21), 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. (b) The confidential home address of any of the persons listed in subdivision (a) shall not be disclosed to any person, except for 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) Any governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) Any 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. The home address shall be withheld from public inspection for three years following termination of office or employment except with respect to retired peace officers, whose home addresses 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 (22) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform any 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) 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 (22) 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. SEC. 3. Section 1808.4 of the Vehicle Code is amended to read: 1808.4. (a) The home address of any of the following persons, that appears in any record of the department, is confidential, if the person requests the confidentiality of that information: (1) Attorney General. (2) State public defender. (3) Members of the Legislature. (4) Judges or court commissioners. (5) District attorneys. (6) Public defenders. (7) Attorneys 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) City attorneys and attorneys who submit verification from their public employer that they represent the city in matters that routinely place them in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if those attorneys are employed by city attorneys. (9) Nonsworn police dispatchers. (10) Child abuse investigators or social workers, working in child protective services within a social services department. (11) Active or retired peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) Employees of the Department of Corrections, the Department of the Youth Authority, or the Prison Industry Authority specified in Sections 20017.77 and 20017.79 of the Government Code. (13) Nonsworn employees of 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, who submit agency verification that, in the normal course of their employment, they control or supervise inmates or are required to have a prisoner in their care or custody. (14) County counsels assigned to child abuse cases. (15) Investigators employed by the Department of Justice, a county district attorney, or a county public defender. (16) Members of a city council. (17) Members of a board of supervisors. (18) Federal prosecutors and criminal investigators and National Park Service Rangers working in this state. (19) Any active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) Any employee of a trial court. (21) Any psychiatric social worker employed by a county. (22) Any 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. Any 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) The spouse or child of any person listed in paragraphs (1) to (22), 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. (b) The confidential home address of any of the persons listed in subdivision (a) shall not be disclosed to any person, except for 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) Any governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) Any 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. The home address shall be withheld from public inspection for three years following termination of office or employment except with respect to retired peace officers, whose home addresses 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 (23) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform any 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) 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 (23) 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. SEC. 4. Section 3 of this bill incorporates amendments to Section 1808.4 of the Vehicle Code proposed by both this bill and AB 1029. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2002, (2) each bill amends Section 1808.4 of the Vehicle Code, and (3) this bill is enacted after AB 1029, in which case Section 2 of this bill shall not become operative. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.