BILL NUMBER: SB 748	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2009

   An act to add Section 14029.5 to the Penal Code, relating to
witness relocation and assistance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 748, as amended, Leno. Witness Relocation and Assistance
Program: address records.
   Existing law establishes the Witness Relocation and Assistance
Program.
   This bill would provide that no person, state, or local public
agency, or private entity shall knowingly post the home address or
telephone number of any witness or witness family member
participating in the Witness Relocation and Assistance Program 
(WRAP)  , and that a violation of these provisions would be a
misdemeanor punishable by a fine of up to $2,500, or up to 6 months
in a county jail, or by both that fine and imprisonment. The bill
would also provide that a violation that leads to the bodily injury
of the witness, or the witness' family members who are participating
in the program, is a misdemeanor punishable by a fine of up to
$5,000, or up to one year in a county jail, or by both that fine and
imprisonment. The bill would authorize participants in the program to
submit opt-out forms to Internet search engine providers to notify
those providers of the participants, and to prevent inclusion of the
participants addresses and telephone numbers in public Internet
search databases, as specified.  The bill would require a
business, state or local agency, private entity, or person to remove
the home address or telephone number of a WRAP participant from its
public Internet search databases upon receipt of the opt-out form,
and the failure to do so would be subject to a $5,000 civil fine, as
specified.  The bill would authorize a witness whose home
address or telephone number is made public as a result of a violation
 , as specified,  to bring an action seeking injunctive or
declaratory relief. The bill would further provide that no person,
business, or association shall solicit, sell, or trade on the
Internet the home address or telephone number of a witness 
with the intent to cause imminent great bodily harm to the witness or
to any person residing at the witness' home address   ,
as specified, and would authorize an action for damages, as
specified, for a violation of  these provisions 
 this prohibition  .
   By creating new crimes, this bill would impose a state-mandated
local program.
   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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14029.5 is added to the Penal Code, to read:
   14029.5.  (a)  No person, state or local public agency, or
private entity shall knowingly post the home address or telephone
number of any witness or witness family member participating in the
Witness Relocation and Assistance Program (WRAP) on the Internet.
  (1)     No person or private entity
shall post on the Internet with the intent to cause bodily harm, the
home address, the telephone number, or personal identifying
information intended to disclose the location of any witness or
witness' family member participating in the California Witness
Relocation and   Assistance Program (WRAP).   A

    (2)     A  violation of this
subdivision is a misdemeanor punishable by a fine of up to two
thousand five hundred dollars ($2,500), or imprisonment of up to six
months in a county jail, or by both that fine and imprisonment.
 A violation 
    (3)     A violation of this subdivision
 that leads to the bodily injury of the witness, or  a
family member of the witness who is   of   any
of the witness' family members who are  participating in the
program, is a misdemeanor punishable by a fine of up to five thousand
dollars ($5,000), or imprisonment of up to one year in a county
jail, or by both that fine and imprisonment.
   (b) Upon admission to the WRAP program, local or state prosecutors
shall give each participant a written opt-out form for submission to
relevant Internet search engine companies or entities. This form
shall notify entities of the protected person and prevent the
inclusion of  the  participant's addresses and telephone
numbers in public Internet search databases. 
   (c) A business, state or local agency, private entity, or person
shall remove the home address and telephone number of a WRAP
participant from its public Internet search databases upon receipt of
the opt-out form. No person, business, or association shall solicit,
sell, or trade on the Internet the home address or telephone number
of a WRAP participant.  
   (d) A person, business, or private entity that violates
subdivision (c) shall be subject to a civil penalty for each
violation in the amount of five thousand dollars ($5,000). An action
for a civil penalty under this subdivision may be brought by any
public prosecutor in the name of the people of the State of
California and the penalty imposed shall be enforceable as a civil
judgment.  
   (c) 
    (e)  A witness whose home address or telephone number is
made public as a result of a violation of subdivision  (a)
  (c)  may bring an action seeking injunctive or
declaratory relief in any court of competent jurisdiction. If a jury
or court finds that a violation has occurred, it may grant injunctive
or declaratory relief and shall award the witness court costs and
reasonable attorney's fees. 
   (d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of a
witness with the intent to cause imminent great bodily harm to the
witness or to any person residing at the witness' home address.
 
   (2) 
    (f)  Notwithstanding any other provision of law, a
witness whose home address or telephone number is solicited, sold, or
traded in violation of  paragraph (1)  
subdivision (c)  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 witness in an amount up to a maximum
of three times the actual damages, but in no case less than four
thousand dollars ($4,000). 
   (g) Nothing in this section shall preclude prosecution under any
other provision of law. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.