BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2483|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2483
Author: Blumenfield (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/19/12
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 75-0, 5/7/12 (Consent) - See last page for
vote
SUBJECT : Victims of stalking: address confidentiality
SOURCE : Author
DIGEST : This bill removes the requirement that victims
alleging stalking as the basis of their eligibility for the
address confidentiality program provide specific attached
evidence to the application. This bill makes the inclusion
of specific evidence in these applications permissive.
ANALYSIS : Existing law establishes an address
confidentiality program, operated by the Secretary of
State, to which victims of domestic violence, sexual
assault, or stalking may apply. The program enables state
and local agencies to respond to requests for public
records without disclosing a program participant's
residential address contained in any public record and
otherwise to provide for confidentiality of that person's
CONTINUED
AB 2483
Page
2
identity. (Government Code (GOV) Section 6205 et seq.)
Existing law provides that upon proper application and
certification, applicants will be certified in the program
for four years, unless certification is withdrawn or
invalidated. (GOV Section 6205(c))
Existing law provides that any records or documents
pertaining to a program participant shall be retained and
held confidential for a period of three years after
termination of certification of participation in the
program, and then destroyed, as specified. (GOV Section
6206.5)
Existing law requires that an applicant to the address
confidentiality program based on domestic violence, sexual
assault or stalking complete an application in person at a
community-based victims' assistance program. Applicants
are required to meet with a victims' assistance counselor
and receive orientation information about the program.
Requires the application to include a sworn statement that
the applicant has good reason to believe that he or she is
a victim of domestic violence, sexual assault, or stalking,
and fears for his/her safety. (GOV Section 6206(a))
Existing law provides that a domestic violence or sexual
assault applicant may provide specified evidence with the
application to the address confidentiality program. (GOV
Section 6206(a)(2))
Existing law requires a stalking applicant to provide
evidence with the application, including, but not limited
to: police, court, or other government agency records or
files; documentation from legal, clerical, medical, or
other professionals from whom the applicant sought
assistance in dealing with the alleged stalking; or any
other evidence that supports the sworn statement alleging
that the applicant is a victim of stalking. (GOV Section
6206(a)(3))
This bill removes the requirement that victims alleging
stalking as the basis for eligibility in the Safe at Home
Program provide evidence supporting allegations of stalking
in their application.
AB 2483
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/12)
California Coalition Against Sexual Assault
California District Attorneys Association
California Partnership to End Domestic Violence
California Police Chiefs Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Domestic Abuse Center
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : In support of this bill the author
writes, "Current law treats stalking victim participants of
the Safe at Home Program differently than other program
participants (those who have been victims of domestic
violence, sexual assault, or were clinicians at abortion
clinics). Stalking is one of the most difficult crimes to
document. For consistency of the law and to ensure that
stalking victims have access to the program without having
to provide medical or police records, we should change
statute to remove this requirement."
ASSEMBLY FLOOR : 75-0, 5/7/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Brownley, Fletcher, Furutani, Hall,
Portantino
AB 2483
Page
4
RJG:k 6/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****