BILL NUMBER: SB 748 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2009
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 , the telephone number
, or personal identifying information that discloses the
location of any witness or witness family member participating
in the Witness Relocation and Assistance Program (WRAP) with the
intent that another person imminently use that information
to commit a crime involving violence or a threat of violence
against that witness or witness' family member , 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 that has
received an opt-out form from WRAP participant shall solicit,
sell, or trade on the Internet the home address or telephone number
of a witness, as specified that participant
, and would authorize an action for damages, as specified, for
a violation of 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) (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 that
discloses the location of any witness or witness' family member
participating in the California Witness Relocation and Assistance
Program (WRAP) with the intent that another person imminently
use that information to commit a crime involving violence
or a threat of violence against that witness or witness' family
member .
(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.
(3) A violation of this subdivision that leads to the bodily
injury of the witness, or 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 that has
received an opt-out form from a WRAP participant shall solicit,
sell, or trade on the Internet the home address or telephone number
of a WRAP that 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.
(e) A witness whose home address or telephone number is made
public as a result of a violation of subdivision (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.
(f) Notwithstanding any other provision of law, a witness whose
home address or telephone number is solicited, sold, or traded in
violation of 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.