BILL NUMBER: SB 433	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 26, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 433, as introduced, Harman. 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 their insured.
   This bill would require the department to submit a report to the
Legislature on January 1, 2011 regarding all requests made to it in
the 2010 calendar year pursuant to the above exceptions.
   Vote: majority. Appropriation: no. Fiscal committee: 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  
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  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 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 which 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 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.
 
   (e) The department shall be required to submit a report to the
Legislature on January 1, 2011, regarding all requests made to the
department in the 2010 calendar year pursuant to subparagraph (a) and
(b).