BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1813
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1813 (Lieu) - As Amended:  April 15, 2010 

          Policy Committee:                              Public  
          SafetyVote:   7-0

          Urgency:     No                   State Mandated Local Program:   
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands the definition of public safety official, in  
          the statute requiring removal of a public official's home  
          address or telephone number from public display on the Internet  
          within 48 hours of the request, to include any peace officer, as  
          specified, and adds cell phone applications to the Internet  
          provisions. 

           FISCAL EFFECT  

          Minor annual nonreimbursable local law enforcement and  
          incarceration costs, offset to a degree by increased fine  
          revenue, to the extent this bill results in additional  
          misdemeanor penalties for posting public officials' identifying  
          information.

           COMMENTS  

           Rationale  . Current law provides for privacy of home addresses  
          and telephone numbers on the Internet for elected or appointed  
          officials and public safety officials. Statute provides that no  
          public agency may post the private information of a public  
          safety official on the Internet without written consent.  

          This bill adds cell phone applications to the Internet  
          prohibition, and expands the definition of public safety  
          official to include virtually all peace officers, including  
          retired peace officers.

          The author contends this bill addresses the ubiquity of smart  
          phones and provides protection to a wider array of peace  








                                                                  AB 1813
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          officers.  

          According to the author, with the expansion of smart cellular  
          phones (iphones and blackberries, etc.) and their applications,  
          opt-out information may remain on these phones because data  
          vendors purchase public information from multiple sources,  
          including the county recorder's office, county assessor's office  
          and school alumni lists. The author's stated concern is that  
          when data vendors purchase public information from different  
          sources, public safety officials' home addresses and telephone  
          numbers may be re-posted, but now on cell phone applications. 

          Regarding expansion of peace officers under the definition of  
          public officials, the author contends there is no reason to  
          limiting the protection to specified peace officers. 

            Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081