BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  AB 1813
          Author:   Lieu (D)
          Amended:  4/15/10 in Assembly
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/22/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 5/6/10 - See last page for vote

           SUBJECT  :    Public officials:  personal information

           SOURCE  :     California Statewide Law Enforcement  

           DIGEST  :    This bill includes the information provided to  
          cellular phone applications in the information that a  
          public official may ask to be removed from the internet and  
          to expand the definition of peace officer within the  
          definition of public official.

           ANALYSIS  :    Existing law, the Public Records Act (PRA),  
          provides that all records of state and local agencies are  
          open and the public has the right to inspect those records  
          under specified conditions.  The PRA exempts specified  
          records, and other provisions of law exempt specified  
          records from the PRA requirement of open records.   


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          (Government Code Section 6250 et seq.)
          Existing law prohibits a state or local agency from posting  
          on the Internet the home address or telephone number of any  
          elected or appointed official without first obtaining the  
          written permission of the elected official.  (Government  
          Code Section 6254.21(a).)
          Existing law makes it a misdemeanor for a person to  
          knowingly post on the Internet the home address or  
          telephone number of any elected or appointed official, his  
          or her spouse or child, knowing that the information  
          concerns 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 that leads to bodily injury of the  
          official, his or her spouse or child, is prosecutable as a  
          wobbler.  (Government Code Section 6254.21(b).)
          Existing law 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).)
          Existing law 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  
          Existing law defines "elected or appointed official" to  
          include, but is not limited to, all of the following:

                 State constitutional officers
                 Members of the Legislature
                 Judges and court commissioners
                 District attorneys
                 Public defenders
                 Members of a city council



                                                               AB 1813

                 Members of a board of supervisors
                 Appointees of the Governor
                 Appointees of the Legislature
                 City attorneys
                 Police chiefs and sheriffs
                 A public safety official, as defined in Government  
               Code Section 6254.24
                 State administrative law judges
                 Federal judges and federal defenders and,
                 Members of the United States Congress and  
               appointees of the President.  (Government Code Section  
               6254.21(1) to (16).)

          Existing law states nothing in this section is intended to  
          preclude punishment instead under provisions of the Penal  
          Code of or any other provision of law.  (Government Code  
          Section 6254.21(g).)

          This bill provides that the information that must be  
          removed includes information provided to cellular telephone  

          Existing law defines public safety official for the  
          purposes of Government Code Section 6254.21 as follows:

          1. An active or retired peace officer as defined in  
             Sections 830 and 830.1of the Penal Code.

          2. An active or retired public officer or other person  
             listed in Sections 1808.2 and 1808.6 of the Vehicle  

          3. An "elected or appointed official" as defined in  
             subdivision (f) of Section 6254.21.

          4. 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.

          5. A city attorney and an attorney who represent cities in  
             criminal matters.



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          6. A specified 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, 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.

          7. A federal prosecutor, a federal criminal investigator,  
             and a National Park Service Ranger working in  

          8. 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.

          9. State and federal judges and court commissioners.

          10.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.

          11.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.  (Government Code  
             Section 6254.24.)

          Existing law defines a number of different types of "peace  
          officers" and people who have duties similar to peace  



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          officers.  (Penal Code Sections 830-830.65 and 830.7.)

          This bill includes  in the definition of peace officer for  
          the purposes of defining "public safety official"  peace  
          officers as defined in Penal Code sections 830-830.65 and 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 Penal Code section 830.7.

          This bill also extends the definition of peace officers to  
          retired officers.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/2/10)

          Anaheim Police Officers Political Action Committee
          Association for Los Angeles Deputy Sheriffs
          California Attorneys, Administrative Law Judges and Hearing  
          California Correctional Peace Officers Association
          California District Attorneys Association
          California Probation Parole and Correctional Association
          California Public Defenders Association
          California State Sheriffs' Association
          Chief Probation Officers of California
          Irvine Police Association
          Los Angeles County Probation Officers Union
          Orange County Employees Association
          Peace Officers Research Association of California
          Riverside Sheriffs' Association

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          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 to the existing opt-out  
          provisions under the Public Safety Officials Home  



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          Protection Act.  Additionally, this bill includes more  
          peace officers to the definition of public safety officials  
          for the existing opt-out provisions.  This bill helps  
          ensure the safety and wellbeing of more public safety  
          officials and their families.

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Block, De La Torre, Gilmore,  
            Mendoza, Vacancy

          RJG:do  8/2/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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