BILL NUMBER: AB 953	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 26, 2009

   An act to amend Section 1808.22 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 953, as amended, Eng. Department of Motor Vehicles: records:
confidentiality.
    Existing law requires the residence address in a record of the
Department of Motor Vehicles to be kept confidential, with specified
exceptions. One exception applies to a financial institution that
states that it has obtained a written waiver signed by the individual
whose address is requested. Another exception applies to an
insurance company when the company requests the information for the
purpose of obtaining the address of another motorist or vehicle owner
involved in an accident with  its   the company'
s  insured. 
   This bill would make technical, nonsubstantive changes to that
law.  
   This bill would expand these exceptions to include an employee or
an authorized agent of a financial institution and an employee or an
authorized agent of an insurance company. 
   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 1808.22 of the  
Vehicle Code   is amended to read: 
   1808.22.  (a) Section 1808.21 does not apply to a financial
institution licensed by the state or federal government to do
business in the State of California  which   ,
or to an employee or authorized agent of that financial institution,
if the financial institution  states under penalty of perjury
that it has obtained a written waiver of Section 1808.21 signed by
the individual whose address is requested, or to providing the
address of  any   a  person who has entered
into an agreement held by that institution prior to July 1, 1990, so
long as that agreement remains in effect.
   (b) Section 1808.21 does not apply to an insurance company
licensed to do business in California  when   ,
or to an employee or authorized agent of that insurance company, if
 the company, under penalty of perjury, requests the information
for the purpose of obtaining the address of another motorist or
vehicle owner involved in an accident with their insured, or requests
the information on an individual who has signed a written waiver of
Section 1808.21 or the individuals insured under a policy if a named
insured of that policy has signed a written waiver.
   (c) Section 1808.21 does not apply to an attorney  when
  if  the attorney states, under penalty of
perjury, that the motor vehicle or vessel registered owner or driver
residential address information is necessary in order to represent
his or her client in a criminal or civil action  which
  that  directly involves the use of the motor
vehicle or vessel that is pending, is to be filed, or is being
investigated. Information requested pursuant to this subdivision is
subject to all of the following:
   (1) The attorney shall state that the criminal or civil action
that is pending, is to be filed, or is being investigated relates
directly to the use of that motor vehicle or vessel.
   (2) The case number, if any, or the names of expected parties to
the extent they are known to the attorney requesting the information,
shall be listed on the request.
   (3) A residence address obtained from the department shall not be
used for any purpose other than in furtherance of the case cited or
action to be filed or  which   that is
being investigated.
   (4) If  no   an  action is  not
 filed within a reasonable time, the residence address
information shall be destroyed.
   (5) No   An  attorney shall  not
 request residence address information pursuant to this
subdivision in order to sell the information to  any
  a  person.
   (6) Within 10 days of receipt of a request, the department shall
notify every individual whose residence address has been requested
pursuant to this subdivision.
   (d) A knowing violation of paragraph (1), (2), (3), (4), or (5) of
subdivision (c) is a misdemeanor. A knowing violation of paragraph
(1), (2), (3), (4), or (5) of subdivision (c) in furtherance of
another crime is subject to the same penalties as that other crime.

   (e) This section shall become operative on January 1, 2007.
 
  SECTION 1.    Section 1808.22 of the Vehicle Code
is amended to read:
   1808.22.  (a) Section 1808.21 does not apply to a financial
institution licensed by the state or federal government to do
business in the State of California that states under penalty of
perjury that it has obtained a written waiver of Section 1808.21
signed by the individual whose address is requested, or to providing
the address of a person who has entered into an agreement held by
that institution prior to July 1, 1990, so long as that agreement
remains in effect.
   (b) Section 1808.21 does not apply to an insurance company
licensed to do business in California when the company, under penalty
of perjury, requests the information for the purpose of obtaining
the address of another motorist or vehicle owner involved in an
accident with their insured, or requests the information on an
individual who has signed a written waiver of Section 1808.21 or the
individuals insured under a policy if a named insured of that policy
has signed a written waiver.
   (c) Section 1808.21 does not apply to an attorney when the
attorney states, under penalty of perjury, that the motor vehicle or
vessel registered owner or driver residential address information is
necessary in order to represent his or her client in a criminal or
civil action that directly involves the use of the motor vehicle or
vessel that is pending, is to be filed, or is being investigated.
Information requested pursuant to this subdivision is subject to all
of the following:
   (1) The attorney shall state that the criminal or civil action
that is pending, is to be filed, or is being investigated relates
directly to the use of that motor vehicle or vessel.
   (2) The case number, if any, or the names of expected parties to
the extent they are known to the attorney requesting the information,
shall be listed on the request.
   (3) A residence address obtained from the department shall not be
used for a purpose other than in furtherance of the case cited or
action to be filed or that is being investigated.
   (4) If an action is not filed within a reasonable time, the
residence address information shall be destroyed.
   (5) An attorney shall not request residence address information
pursuant to this subdivision in order to sell the information to a
person.
   (6) Within 10 days of receipt of a request, the department shall
notify every individual whose residence address has been requested
pursuant to this subdivision.
   (d) A knowing violation of paragraph (1), (2), (3), (4), or (5) of
subdivision (c) is a misdemeanor. A knowing violation of paragraph
(1), (2), (3), (4), or (5) of subdivision (c) in furtherance of
another crime is subject to the same penalties as that other crime.