BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1813
                                                                  Page 1

          Date of Hearing:   April 6, 2010
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                     AB 1813 (Lieu) - As Amended:  March 22, 2010
                       As Proposed to be Amended in Committee


           SUMMARY  :   Expands the definition of "public safety official" to  
          include any peace officer or public officer, as specified in  
          provisions of law related to removal of an official's home  
          address or telephone number from public display on the Internet  
          within 48 hours of the request and includes information provided  
          to cellular telephone applications. 

           EXISTING LAW  :

          1)Requires that 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.  [Government Code Section  
            6254.21(a).]

          2)Prohibits any person 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.  [Government  
            Code Section 6254.21(b).]

          3)States that 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.  [Government Code Section 6254.21(c)(1)(A).]









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          4)Prohibits any person, business, or association from  
            soliciting, selling, or trading 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.  [Government Code Section 6254.21(d)(1).]

          5)Defines "elected or appointed official" to include, but is not  
            limited to, all of the following:

             a)   State constitutional officers;

             b)   Members of the Legislature;

             c)   Judges and court commissioners;

             d)   District attorneys;

             e)   Public defenders;

             f)   Members of a city council;

             g)   Members of a board of supervisors;

             h)   Appointees of the Governor;

             i)   Appointees of the Legislature;

             j)   Mayors;

             aa)  City attorneys;

             bb)  Police chiefs and sheriffs;

             cc)  A public safety official, as defined;

             dd)  State administrative law judges;

             ee)  Federal judges and federal defenders; and,

             ff)  Members of the United States Congress and appointees of  
               the President.  [Government Code Section 6254.21(1) to  
               (16).]

          6)States nothing in this section is intended to preclude  








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            punishment instead under provisions of the Penal Code of or  
            any other provision of law.  [Government Code Section  
            6254.21(g).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :

           1)Author's Statement  :  According to the author, "In the past two  
            years, Los Angeles law enforcement officers were killed at  
            their homes.  These tragic deaths continue to serve as a  
            reminder of how vulnerable our public safety officials are,  
            even while off-duty at their homes.  Current law allows public  
            safety officials to opt-out of having their personal  
            information on the Internet; however, with the expansion of  
            smart cellular phones (iphone, blackberry, droid, etc.) and  
            their applications the personal information still remains  
            available.  AB 1813 is designed to include smart cellular  
            phone applications to the existing opt-out provisions under  
            the Public Safety Officials Home Protection Act.   
            Additionally, this bill will include more peace officers to  
            the definition of public safety officials for the existing  
            opt-out provisions.  This bill will help ensure the safety and  
            wellbeing of more public safety officials and their families."

           2)Background  :  According to information provided by the author,  
            "California Government Code section 6254.21 provides for  
            privacy of home addresses and telephone numbers on the  
            Internet for public safety officials.  Specifically, this  
            section provides that no public agency shall post the private  
            information of a public safety official on the Internet  
            without the written consent of that individual.  The section  
            also prescribes that a public safety official may opt-out of  
            having their private information posted on any  
            non-governmental Internet website for a period of four years. 

          "Under AB 32 (Lieu - Chapter 403, Statutes of 2009), the data  
            vendor now has a duty to maintain a suppression list,  
            cross-reference new information against the list, prohibit any  
            transfers of that information to another website, and a $1,000  
            civil penalty will be imposed for violating a court order for  
            failure to remove the reposted information. 

          "Unfortunately, with the expansion of smart cellular phones  
            (iphone, blackberry, droid, etc) and their applications, the  








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            opted-out information still remains available on these phones  
            because data vendors can purchase public information from a  
            variety of sources including the county recorder's office,  
            county assessor's office and school alumni lists.  The concern  
            is that when data vendors purchase the public information from  
            a different source, the public safety official's home address  
            and telephone number is posted once again, but now on cell  
            phone applications.  AB 1813 seeks to include smart cellular  
            phone applications to the existing opt-out provisions for  
            public safety official under Government Code section 6254.21. 

          "Current law also provides for privacy of home addresses and  
            telephone numbers on the Internet for public safety officials  
            as defined in Government Code section 6254.24.  Under that  
            section, the opt-out provisions are limited to the following  
            members of law enforcement who are: active or retired peace  
            officers; specified employees of the Department of Corrections  
            and Rehabilitation and county jails who supervise inmates; and  
            an employee conducting investigations for local law  
            enforcement or the Department of Justice.   

          "AB 1813 expands the definition of public safety official to  
            include those active or retired peace officers as defined in  
            California Penal Code section 830.2 to 830.7.  Specifically,  
            this expansion includes a few of the following:  University of  
            California, California State University and Community College  
            police officers; Department of Fish and Game, Department of  
            Parks and Recreation Directors; Alcohol Beverage Control  
            investigators; investigators for Department of Motor Vehicle  
            and Department of Consumer Affairs; State Fire Marshal and  
            deputies; public transportation police officers; court  
            bailiffs, and probation and parole officers.  

          "California has long recognized that public safety officials, by  
            virtue of their role in the justice system, require additional  
            privacy protection from potential risks.  The expansion of  
            public safety official will only protect more law enforcement  
            officers who put their lives on the line everyday to keep the  
            public safe."

           3)Public Information and Privacy  :  According to Modern Studies  
            in Privacy Law: Notice, Autonomy and Enforcement of Data  
            Privacy Legislation: Access and Aggregation: Public Records,  
            Privacy and the Constitution, "For a long time, public records  
            have been accessible only in the various localities in which  








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            they were kept.  A person or entity desiring to find out about  
            the value of an individual's home would have to travel to the  
            town or county where the property was located and search  
            through the records at the local courthouse.  Depending upon  
            local practice, the seeker of a record might be able to obtain  
            a copy through the mail. Court records, such as bankruptcy  
            records, would typically be obtained by visiting a courthouse  
            or engaging in a lengthy correspondence with the clerk's  
            office.  The seeker of a record could not obtain records en  
            masse; records could only be obtained for specific  
            individuals.

          "This reality, however, is rapidly changing.  As records are  
            increasingly computerized, entire record systems rather than  
            individual records can be easily searched, copied, and  
            transferred. Private sector organizations sweep up millions of  
            records from record systems throughout the country and  
            consolidate those records into gigantic record systems.  Many  
            websites now compile public records from across the country.   
            There are more than 165 companies offering public record  
            information over the Internet.  These companies have  
            constructed gigantic databases of public records that were  
            once dispersed throughout different agencies, offices, and  
            courthouses, and with the click of a mouse, millions of  
            records can be scoured for details."  [Daniel J. Solove,  
            Modern Studies in Privacy Law:  Notice, Autonomy and  
            Enforcement of Data Privacy Legislation: Access and  
            Aggregation:  Public Records, Privacy and the Constitution  
            (2002) 86 Minn. L. Rev. 1137, 1153.]

           4)Arguments in Support  : According to the  California Statewide  
            Law Enforcement Association  , "Current law provides peace  
            officers in Penal Code Section 830.1 with the ability to  
            opt-out of having their personal information posted on  
            internet search engines like ZABASEARCH.COM.  This bill will  
            provide all peace officers who have the power of arrest the  
            same ability to protect their families as the peace officers  
            in Penal Code Section 830.1.  As more and more cellular phone  
            technologies advance, a situation could arise where a gang  
            member is being arrested and one or more of the non-arrested  
            members of the gang catches the name of the arresting officer,  
            types the information into his/her cell phone application and  
            could be at the arresting officers home before the officer is  
            done booking the criminal.  This new technology and the ease  
            of gaining personal information pose a dangerous threat to the  








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            safety and security of peace officers and their families.

           5)Related Legislation  :  AB 32 (Lieu), Chapter 403, Statutes of  
            2009, required the removal of personal information of  
            specified officials from the Internet, and permits employers  
            or professional organizations to assert the rights of the  
            official in removing the personal information from the  
            Internet.

           6)Prior Legislation  :  

             a)   AB 2238 (Dickerson), Statutes of 2002, Chapter 621,  
               creates a misdemeanor and felony for posting confidential  
               information of specified public safety officials with the  
               intent to cause imminent great bodily harm, as specified.

             b)   AB 2905 (Spitzer), Statutes of 2004, Chapter 248, added  
               judges, court commissioners, attorneys employed by the  
               Department of Justice, the State Public Defender, or a  
               county office of a district attorney or public defender to  
               the types of employees for whom a governmental employer  
               shall pay the moving and relocation expenses when it is  
               necessary to move because of an employment-related credible  
               threat against his or her life, or the life of an immediate  
               family member and made clarifications regarding the  
               implementation of this provision as it applies to judges  
               and court commissioners.

             c)   AB 1595 (Evans), Statutes of 2005, Chapter 343, allowed  
               for specified elected or appointed officials to obtain an  
               injunction against any person or entity that publicly posts  
               on the Internet the home address or telephone number of  
               that official, and allows for damages if this disclosure  
               was made with intent to cause bodily harm.

             d)   AB 1035 (Spitzer), of the 2005-06 Legislative Session,  
               would have prohibited any state or local agency or person  
               from hosting or providing service to an Internet web site  
               that posts an elected or appointed official's home address  
               or telephone number.  AB 1035 was held in Senate Judiciary  
               Committee.

             e)   AB 32 (Lieu), Chapter 403, Statutes of 2009, required  
               the removal of personal information of specified officials  
               from the Internet, and permits employers or professional  








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               organizations to assert the rights of the official in  
               removing the personal information from the Internet. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Correctional Peace Officers Association
          California Statewide Law Enforcement Association

           Opposition 
           
          None
           
          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744