BILL NUMBER: AB 1813 CHAPTERED
BILL TEXT
CHAPTER 194
FILED WITH SECRETARY OF STATE AUGUST 27, 2010
APPROVED BY GOVERNOR AUGUST 27, 2010
PASSED THE SENATE AUGUST 9, 2010
PASSED THE ASSEMBLY MAY 6, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Lieu
FEBRUARY 11, 2010
An act to amend Sections 6254.21 and 6254.24 of the Government
Code, relating to public officials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1813, Lieu. Public officials: personal information.
(1) Existing law requires a person, business, or association, upon
receiving the written demand of an elected or appointed official, to
remove the official's home address or telephone number from public
display on the Internet within 48 hours of the delivery of the
demand, and to continue to ensure that information is not reposted on
the same Internet Web site, a subsidiary site, or any other Internet
Web site maintained by the recipient of the written demand, with
specified exceptions. Existing law includes a public safety official
within the definition of an elected or appointed official for these
purposes, and defines public safety official to include specified
peace officer classifications. Existing law makes a violation of
these provisions a misdemeanor or a felony under certain
circumstances.
This bill would specify that the requirement to remove the
information described above from public display on the Internet
includes information provided to cellular telephone applications. The
bill would also expand the definition of public safety officer for
these purposes, and include within that definition retired members of
specified employee classifications. By expanding the definition of a
crime, this bill would create a state-mandated local program.
(2) Existing law provides that a person who maliciously, with the
intent to obstruct justice or the administration of the laws, or with
the intent to inflict physical harm, discloses the residence address
or telephone number of public safety officials, as defined, or that
of the spouse or children of these persons, is guilty of a
misdemeanor. A violation of these provisions that results in bodily
harm to the public safety official, or the spouse or child of that
person, is a felony.
The bill would expand the definition of public safety officer for
these purposes, and include within that definition retired members
of specified employee classifications. By expanding the definition of
a crime, this bill would create a state-mandated local program.
(3) Upon adoption by a county board of supervisors, existing law
requires a county elections official to make confidential certain
personal information of a public safety officer, upon application by
the public safety officer made under penalty of perjury.
The bill would expand the definition of public safety officer for
these purposes, and include within that definition retired members of
specified employee classifications. By increasing the duties of
local officials, and expanding the scope of the crime of perjury,
this bill would impose a state-mandated local program.
(4) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254.21 of the Government Code is amended to
read:
6254.21. (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
(b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child, on the Internet knowing that person is an
elected or appointed official and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the
bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor or a felony.
(c) (1) (A) No person, business, or association shall publicly
post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
(B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official's home address.
(C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official's term has expired prior to the end of the four-year
period.
(D) (i) A person, business, or association that receives the
written demand of an elected or appointed official pursuant to this
paragraph shall remove the official's home address or telephone
number from public display on the Internet, including information
provided to cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to ensure that
this information is not reposted on the same Internet Web site,
subsidiary site, or any other Internet Web site maintained by the
recipient of the written demand.
(ii) After receiving the elected or appointed official's written
demand, the person, business, or association shall not transfer the
appointed or elected official's home address or telephone number to
any other person, business, or association through any other medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official'
s home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate.
(E) For purposes of this paragraph, "publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
(2) An official whose home address or telephone number is made
public as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a court finds that a violation has
occurred, it may grant injunctive or declarative relief and shall
award the official court costs and reasonable attorney's fees. A fine
not exceeding one thousand dollars ($1,000) may be imposed for a
violation of the court's order for an injunction or declarative
relief obtained pursuant to this paragraph.
(3) An elected or appointed official may designate in writing the
official's employer, a related governmental entity, or any voluntary
professional association of similar officials to act, on behalf of
that official, as that official's agent with regard to making a
written demand pursuant to this section. A written demand made by an
agent pursuant to this paragraph shall include a statement describing
a threat or fear for the safety of that official or of any person
residing at the official's home address.
(d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
(2) Notwithstanding any other law, an official whose home address
or telephone number is solicited, sold, or traded in violation of
paragraph (1) may bring an action in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it shall award damages to that official in an amount up to a maximum
of three times the actual damages but in no case less than four
thousand dollars ($4,000).
(e) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
(f) For purposes of this section, "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official, as defined in Section 6254.24.
(14) State administrative law judges.
(15) Federal judges and federal defenders.
(16) Members of the United States Congress and appointees of the
President.
(g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any other
provision of law.
SEC. 2. Section 6254.24 of the Government Code is amended to read:
6254.24. As used in this chapter, "public safety official" means
the following parties, whether active or retired:
(a) A peace officer as defined in Sections 830 to 830.65,
inclusive, of the Penal Code, or a person who is not a peace officer,
but may exercise the powers of arrest during the course and within
the scope of their employment pursuant to Section 830.7 of the Penal
Code.
(b) A public officer or other person listed in Sections 1808.2 and
1808.6 of the Vehicle Code.
(c) An "elected or appointed official" as defined in subdivision
(f) of Section 6254.21.
(d) An attorney employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender, the United States Attorney, or the Federal Public
Defender.
(e) A city attorney and an attorney who represent cities in
criminal matters.
(f) An employee of the Department of Corrections and
Rehabilitation who supervises inmates or is required to have a
prisoner in his or her care or custody.
(g) A sworn or nonsworn employee who supervises inmates in a city
police department, a county sheriff's office, the Department of the
California Highway Patrol, federal, state, or a local detention
facility, and a local juvenile hall, camp, ranch, or home, and a
probation officer as defined in Section 830.5 of the Penal Code.
(h) A federal prosecutor, a federal criminal investigator, and a
National Park Service Ranger working in California.
(i) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty.
(j) State and federal judges and court commissioners.
(k) An employee of the Attorney General, a district attorney, or a
public defender who submits verification from the Attorney General,
district attorney, or public defender that the employee represents
the Attorney General, district attorney, or public defender in
matters that routinely place that employee in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts.
(l) A nonsworn employee of the Department of Justice or a police
department or sheriff's office that, in the course of his or her
employment, is responsible for collecting, documenting, and
preserving physical evidence at crime scenes, testifying in court as
an expert witness, and other technical duties, and a nonsworn
employee that, in the course of his or her employment, performs a
variety of standardized and advanced laboratory procedures in the
examination of physical crime evidence, determines their results, and
provides expert testimony in court.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.