BILL NUMBER: AB 923	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 26, 2009

   An act to amend Section 1808.4 of the Vehicle Code, relating to
the Department of Motor Vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 923, 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 spouses or
children of those officers or employees, that appears in a record of
the Department of Motor Vehicles, if the included person requests it
to be kept confidential, with certain exemptions for information
available to specified governmental agencies and certain attorneys. 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. The bill also would add constitutional officers of the
State Board of Equalization and specified local government code
enforcement officers to that list. The 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.
   (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) For all of the following persons, his or her home
address that appears in a record of the department  ,
 is confidential if the person requests the confidentiality
of that information:
   (1) Attorney General.
   (2) State public defender.
   (3) A Member of the Legislature.
   (4) A judge or court commissioner.
   (5) A district attorney.
   (6) A public defender. 
   (7) A constitutional officer of the State Board of Equalization.
 
   (7) 
    (8)  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) 
    (9)  A city attorney and an attorney who submits
verification from his or her public employer that the attorney
represents the city in matters that routinely place the attorney in
personal contact with persons under investigation for, charged with,
or convicted of, committing criminal acts, if that attorney is
employed by a city attorney. 
   (9) 
    (10)  A nonsworn police dispatcher. 
   (10) 
    (11)  A child abuse investigator or social worker,
working in child protective services within a social services
department. 
   (11) 
    (12)  An active or retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code. 
   (12) 
    (13)  An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code. 
   (13) 
    (14)  A nonsworn employee of a city police department, a
county sheriff's office, the Department of the California Highway
Patrol, a federal, state, or local detention facility, or a local
juvenile hall, camp, ranch, or home, who submits agency verification
that, in the normal course of his or her employment, he or she
controls or supervises inmates or is required to have a prisoner in
his or her care or custody. 
   (14) 
    (15)  A county counsel assigned to child abuse cases.

   (15) 
    (16)  An investigator employed by the Department of
Justice, a county district attorney, or a county public defender.

   (16) 
    (17)  A member of a city council. 
   (17) 
    (18)  A member of a board of supervisors. 
   (18) 
    (19)  A federal prosecutor, criminal investigator, or
National Park Service Ranger working in this state. 
   (19) 
    (20)  An active or retired city enforcement officer
engaged in the enforcement of the Vehicle Code or municipal parking
ordinances. 
   (20) 
    (21)  An employee of a trial court. 
   (21) 
    (22)  A psychiatric social worker employed by a county.

   (22) 
    (23)  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. 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) 
    (24)  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. 
   (25) (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 society 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.  
   (26) (A) A code enforcement officer employed by a local government
agency.  
   (B) For purposes of this paragraph, "code enforcement officer"
means a local official responsible for enforcing housing codes and
maintaining public safety in buildings.  
   (24) 
    (27)  (A) The spouse or child of a person listed in
paragraphs (1) to  (23)   (26)  ,
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 a person listed in
subdivision (a) shall not be disclosed, except to 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) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
   (c) (1) 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.
   (2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
   (3) With respect to a retired peace officer, his or her home
address 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) 
 (27)  of subdivision (a) shall be withheld from public
inspection for three years following the death of the peace officer.
   (4) The department shall inform 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)   (12)  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)   (27)  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.