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)  The   For all of the following
persons, his or her  home address  of any of the
following persons,  that appears in  any 
 a  record of the department  ,  is
confidential  ,  if the person requests the
confidentiality of that information:
   (1) Attorney General.
   (2) State public defender.
   (3)  Members   A Member  of the
Legislature.
   (4)  Judges   A judge  or court 
commissioners   commissioner  .
   (5)  District attorneys   A district attorney
 .
   (6)  Public defenders   A public defender
 .
   (7)  Attorneys   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)  City attorneys and attorneys   A city
attorney and an attorney  who  submit  
submits  verification from  their   his or
her  public employer that  they represent  
the attorney represents  the city in matters that routinely
place  them   the attorney  in personal
contact with persons under investigation for, charged with, or
convicted of, committing criminal acts, if  those attorneys
are   that attorney is  employed by  city
attorneys   a city attorney  .
   (9)  Nonsworn   A   nonsworn 
police  dispatchers   dispatcher  .
   (10)  Child   A child  abuse 
investigators   investigator  or social 
workers   worker  , working in child protective
services within a social services department.
   (11)  Active   An active  or retired
peace  officers   officer  , as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code.
   (12)  Employees   An   employee
 of the Department of Corrections  and Rehabilitation 
,  the Department of the Youth Authority  
Division of Juvenile Facilities  , or the Prison Industry
Authority specified in Sections 20403 and 20405 of the Government
Code.
   (13)  Nonsworn employees   A nonsworn
employee  of a city police department, a county sheriff's
office, the Department of the California Highway Patrol,  a 
federal, state,  and   or  local detention
 facilities   facility  ,  and
  or a  local juvenile  halls, camps,
ranches, and homes   hall, camp, ranch, or home  ,
who  submit   submit   s  agency
verification that, in the normal course of  their 
 his or her  employment,  they control 
 he or she controls  or  supervise  
supervises  inmates or  are   is 
required to have a prisoner in  their   his or
her  care or custody.
   (14)  County counsels   A county counsel
 assigned to child abuse cases.
   (15)  Investigators   An  
investigator  employed by the Department of Justice, a county
district attorney, or a county public defender.
   (16)  Members   A member  of a city
council.
   (17)  Members   A member  of a board of
supervisors.
   (18)  Federal prosecutors and criminal investigators and
  A   federal prosecutor, criminal
investigator, or  National Park Service  Rangers
  Ranger  working in this state.
   (19)  Any   An  active or retired city
enforcement officer engaged in the enforcement of the Vehicle Code or
municipal parking ordinances.
   (20)  Any   An  employee of a trial
court.
   (21)  Any   A psychiatric social worker
employed by a county.
   (22)  Any   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.  Any   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) State employees   A 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  any 
 a  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 persons
  a person  listed in subdivision (a) shall not be
disclosed  to any a person  , except  for
any of   to 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)  Any   A  governmental agency to
which, under any provision of law, information is required to be
furnished from records maintained by the department.
   (c)  Any   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. 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  any
  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) 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   a  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.