BILL NUMBER: SB 748 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 13, 2009
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 post the home address, 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
within 48 hours of delivery of the opt-out form, and
ensure the infor mation is not reposted on the same
Internet Web site, a subsidiary site, or any other Internet Web site
maintained by the recipient 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 business, state or local
agency, private entity, or person 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 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 the home address, the telephone number, or personal
identifying information 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
that receives the opt-out form of a WRAP participant
pursuant to this paragraph shall remove the participant's personal
information from public display on the Internet within 48 hours of
delivery of the opt-out form, and shall continue to ensure that this
information is not reposted on the same Internet Web site, a
subsidiary site, or any other Internet Web site maintained by the
recipient of the opt-out form. No person, business, or
association business, state or local agency, private
entity, or person 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 that participant.
(d) A person, business, or private entity
business, state or local agency, private entity, or person 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.