BILL NUMBER: AB 1958 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Swanson FEBRUARY 13, 2008 An act to amend Section 1808.4 of the Vehicle Code, relating to the Department of Motor Vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1958, as introduced, Swanson. Department of Motor Vehicles: public records: addresses. (1) Existing law makes confidential the home address of a list of local, state, and federal officers or employees, and the spouse or child of that officer or employee, that appears in the Department of Motor Vehicles records, if the included person requests it be kept confidential, with certain exemptions for information available to specified governmental agencies. A violation of the confidentiality requirement is a crime. This bill would add to that list a veterinarian employed by a zoo, a public animal control agency shelter, or a society for the prevention of cruelty to animals shelter or a humane society shelter contracting with a local public agency for animal care or protection services. This bill, by adding persons to be covered by those confidentiality requirements, would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would also make technical clarifying changes. (2) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. 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)
TheFor all of the following persons, his or her home address of any of the following persons,that appears in anya record of the department ,is confidential ,if the person requests the confidentiality of that information: (1) Attorney General. (2) State public defender. (3) MembersA Member of the Legislature. (4) JudgesA judge or court commissionerscommissioner . (5) District attorneysA district attorney . (6) Public defendersA public defender . (7) AttorneysAn 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) City attorneys and attorneysA city attorney and an attorney who submitsubmits verification from theirhis or her public employer that they representthe attorney represents the city in matters that routinely place themthe attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if those attorneys arethat attorney is employed by city attorneysa city attorney . (9) NonswornA nonsworn police dispatchersdispatcher . (10) ChildA child abuse investigatorsinvestigator or social workersworker , working in child protective services within a social services department. (11) ActiveAn active or retired peace officersofficer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) EmployeesAn employee of the Department of Corrections and Rehabilitation , the Department of the Youth AuthorityDivision of Juvenile Facilities , or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. (13) Nonsworn employeesA nonsworn employee of a city police department, a county sheriff's office, the Department of the California Highway Patrol, a federal, state, andor local detention facilitiesfacility , andor a local juvenile halls, camps, ranches, and homeshall, camp, ranch, or home , who submitsubmit s agency verification that, in the normal course of theirhis or her employment, they controlhe or she controls or supervisesupervises inmates or areis required to have a prisoner in theirhis or her care or custody. (14) County counselsA county counsel assigned to child abuse cases. (15) InvestigatorsAn investigator employed by the Department of Justice, a county district attorney, or a county public defender. (16) MembersA member of a city council. (17) MembersA member of a board of supervisors. (18) Federal prosecutors and criminal investigators andA federal prosecutor, criminal investigator, or National Park Service RangersRanger working in this state. (19) AnyAn active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) AnyAn employee of a trial court. (21) AnyA psychiatric social worker employed by a county. (22) AnyA 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. AnyA 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) State employeesA state employee in one of the following classifications: (A) Licensing Registration Examiner, Department of Motor Vehicles. (B) Motor Carrier Specialist 1, California Highway Patrol. (C) Museum Security Officer and Supervising Museum Security Officer. (24) (A) A veterinarian employed by a zoo, a public animal control agency shelter, or a society for the prevention of cruelty to animals shelter or a humane soci ety shelter contracting with a local public agency for animal care or protection services. (B) For purposes of this paragraph, "veterinarian" means a person licensed as a veterinarian pursuant to the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code). (C) For purposes of this paragraph, "zoo" has the same meaning as defined in Section 2150 of the Fish and Game Code. (24)(25) (A) The spouse or child of anya person listed in paragraphs (1) to (23)(24) 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 personsa person listed in subdivision (a) shall not be disclosed to any a person, except for any ofto one 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) AnyA governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) AnyA 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 (24)(25) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform anya 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 thea 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)(25) 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. 2. 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.