BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 748|
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THIRD READING
Bill No: SB 748
Author: Leno (D)
Amended: 4/28/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE JUDICIARY COMMITTEE : 5-0, 4/21/09
AYES: Corbett, Harman, Florez, Leno, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Witness Relocation and Assistance Program:
address records
SOURCE : San Francisco District Attorney Kamala Harris
DIGEST : This bill seeks to provide further protection to
people participating in the Witness Relocation and
Assistance Program by prohibiting their addresses and
telephone numbers from being posted on the Internet, as
specified. This bill additionally provides for injunctive
and declaratory relief (which includes court costs and
attorneys fees), the ability to bring a civil action for
damages, and various criminal penalties.
ANALYSIS : Existing law establishes the Witness
Relocation and Assistance Program (WRAP) administered by
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the Attorney General. WRAP provides that in any criminal
proceeding within this state, when the action is brought by
local or state prosecutors, where credible evidence exists
of a substantial danger that a witness may suffer
intimidation or retaliatory violence, the Attorney General
may reimburse state and local agencies for the costs of
providing witness protection services. (Section 14020 and
14022 of the Penal Code)
Existing law provides that in WRAP the Attorney General
shall give priority to matters involving organized crime,
gang activities, drug trafficking, human trafficking, and
causes involving a high degree of risk to the witness.
Special regard shall be given to the elderly, the young,
battered, victims of domestic violence, the infirm, the
handicapped and victims of hate incidents. (Section 14023
of the Penal Code)
Existing law provides that no state or local agency shall
post the home address or telephone number of any elected or
appointed official on the Internet without first obtaining
the written permission of that individual. (Section
6254.21(a) of the Government Code)
Existing law provides that no person shall knowingly post
the home address or telephone number of any elected or
appointed official, or of the official's residing spouse or
child on the Internet knowing the person is 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. (Section
6254.21(b) of the Government Code)
Existing law provides 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.
(Section 6254.21(c)(1) of the Government Code)
Existing law provides that an official whose home address
is made public as a result of a violation of the above may
bring an action seeking injunctive or declarative relief,
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and may be awarded court costs and reasonable attorney's
fees. (Section 6254.21(c)(2) of the Government Code)
Existing law provides that no person, business, or
association shall solicit, sell, or trade 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 any person residing at the
official's home address. (Section 6254.21(d)(1) of the
Government Code)
Existing law provides, notwithstanding any other provision
of law, an official whose home address or telephone number
is solicited, sold, or traded in violation of the above,
may bring an action and shall be awarded up to three times
actual damages but in no case less than $4,000. (Section
6254.21(d)(2) of the Government Code)
Existing law provides that an interactive computer service
or access software provider, as defined, shall not be
liable unless the service or provider intends to abet or
cause imminent great bodily harm to an elected or appointed
official. (Section 6254.21(c) of the Government Code)
This bill provides that no person or private entity shall
post on the Internet the home address, telephone number, or
personal identifying information that discloses the
location of any witness or witness family member
participating in 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. A violation of that provision will
be a misdemeanor.
This bill provides that upon admission to WRAP, local or
state prosecutors shall give each participant a written
"opt-out" form for submission to relevant Internet search
engine companies or entities. That form shall notify the
entities of the protected person and prevent the inclusion
of the participant's addresses and telephone numbers in
public Internet search databases.
This bill requires a business, state or local agency, or
private entity to remove the home address or telephone
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number of a WRAP participant upon receipt of the opt-out
form. This bill specifically prohibits a person, business,
or association that has received an opt-out form from a
WRAP participant from soliciting, selling, or trading the
home address or telephone number of that participant on the
Internet.
This bill provides that any person, business, or private
entity that violates the above requirements shall be
subject to a civil penalty in the amount of $5,000. That
civil penalty may be brought by any public prosecutor, and
the penalty imposed shall be enforceable as a civil
judgment.
This bill provides that any witness whose home address or
telephone number is made public as a result of a violation
of the above requirements may bring an action for
injunctive or declaratory relief. If a violation is found
by a court or jury, it may grant injunctive or declaratory
relief, but shall award court costs and reasonable
attorney's fees.
This bill provides that notwithstanding any other provision
of law, a witness whose home address or telephone number is
solicited, sold or traded in violation of the above
provisions 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 maximum of three times the actual damages, but
in no case less than $4,000.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/09)
San Francisco District Attorney Kamala Harris (source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California District Attorneys Association
Crime Victims United of California
Los Angeles County District Attorney's Office
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ARGUMENTS IN SUPPORT : According to the author:
"Although Penal Code Section 14020 establishes the
California Witness Relocation and Assistance Program
(WRAP) to provide relocation and assistance services to
crime witnesses in substantial danger of intimidation or
retaliatory violence, it does not provide for sufficient
protections to keep CWRAP participants safe from public
disclosure on the internet. Additional efforts, such as
the opt-out protections included in this bill, are
necessary to enforce Penal Code Section 14029 which
established that "all information relating to any witness
participating in the program established pursuant to this
title shall remain confidential and is not subject to
disclosure pursuant to the California Public Records
Act."
"Across California, witnesses to violent crime heroically
take risks to testify against their perpetrators and
bring justice forward. These witnesses deserve the
fullest protection of the law. ?
"As of today, there is no prohibition on posting
information about WRAP participants on the numerous
people search websites available to the general public.
This places a significant risk to WRAP participants if
information about their new whereabouts can be so readily
discovered."
RJG:mw 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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