BILL NUMBER: SB 636	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett
   (Coauthors: Assembly Members Jeffries and Portantino)

                        FEBRUARY 18, 2011

   An act to amend Sections 6206.7, 6208, 6215.4, and 6215.7 of, and
to add Sections 6206.1, 6208.1, 6208.2, 6215.25, 6215.71, and 6215.72
to, the Government Code, relating to personal information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 636, as introduced, Corbett. Personal information: Internet
disclosure prohibition.
   Existing law authorizes victims of domestic violence or stalking
and reproductive health care providers, employees, and volunteers, as
defined, to complete an application to be approved by the Secretary
of State for the purposes of enabling state and local agencies to
respond to requests for public records without disclosing a program
participant's residence address contained in any public record.
Existing law requires any records or documents pertaining to a
program participant be retained by the secretary and held
confidential for a period of 3 years after termination of
certification and then destroyed, except for change of name records,
which shall be retained permanently.
   This bill would specify that the records or documents retained by
the secretary are confidential and shall not be disclosed pursuant to
the California Public Records Act, and would make conforming
changes.
   This bill would also require the secretary to develop, and provide
to a program participant upon certification of the participant's
application, a written form that the program participant may submit
to an entity, as defined, that operates an Internet search engine or
any other form of a public Internet-based search database, for
purposes of preventing the disclosure of the participant's personal
information by the entity on the search engine or database,
including, but not limited to, the participant's home address or
telephone number.
   This bill would require an entity that operates an Internet search
engine or any other form of a public Internet-based search database,
and that receives the program participant opt-out form to review any
Internet Web site that is owned, operated, or maintained by the
entity to locate and remove, within 2 business days, any personal
information of the identified participant from the publicly
accessible areas of the Internet Web site, as specified. The bill
would also prohibit an entity from soliciting, selling, or trading on
the Internet specified information of a program participant or a
family member of a program participant, as specified. Violation of
these provisions would be subject to specified civil penalties.
    The bill would prohibit a person from maliciously, and with the
intent to obstruct justice or the due administration of the laws, or
with the intent that another person imminently use that information
to commit a crime involving violence or a threat of violence, posting
on an Internet Web site the home address, the telephone number, or
personal identifying information of a program participant or the
program participant's family members who are participating in the
program. Violations of these provisions would be a crime, punishable
as specified. By creating a new crime, 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 6206.1 is added to the Government Code, to
read:
   6206.1.  Except as provided in Section 6208, all records or
documents pertaining to a program participant are confidential and
shall not be subject to disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250)).
  SEC. 2.  Section 6206.7 of the Government Code is amended to read:
   6206.7.  (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card. Certification shall be terminated on the date of
receipt of this notification.
   (b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
   (3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
   (4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
   (5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
   (c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant. The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
   (d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
   (e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record. 
   (f) Following termination of program participant certification as
a result of subdivision (b), the address confidentiality program
manager may disclose information contained in the participant's
application. 
  SEC. 3.  Section 6208 of the Government Code is amended to read:
   6208.  The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of
State, or a program participant's name change available for
inspection or copying, except under any of the following
circumstances:
   (a) If requested by a law enforcement agency, to the law
enforcement agency.
   (b) If directed by a court order, to a person identified in the
order. 
   (c) If certification has been canceled. 
  SEC. 4.  Section 6208.1 is added to the Government Code, to read:
   6208.1.  (a) The Secretary of State shall develop, and provide to
a program participant upon certification of the participant's
application, a written form that the program participant may submit
to an entity that operates an Internet search engine or any other
form of a public Internet-based search database, for purposes of
preventing the disclosure of the participant's personal information
by the entity on the search engine or database, including, but not
limited to, the participant's home address or telephone number. In
addition to specifying that the program participant has decided
against having his or her personal information disclosed on an
Internet search engine or database, the form shall include a
narrative description of the requirements imposed by this section.
   (b) (1) An entity described in subdivision (a), that operates an
Internet search engine or any other form of a public Internet-based
search database, and that receives the program participant opt-out
form described in subdivision (a), shall review any Internet Web site
that is owned, operated, or maintained by that entity to locate and
remove, within two business days, any personal information of the
identified participant from the publicly accessible areas of the
Internet Web site. The entity shall have an ongoing responsibility to
review any Internet Web site that is owned, operated, or maintained
by that entity for the purpose of ensuring that the participant's
personal information is not reported to those Internet Web sites.
   (2) An entity described in subdivision (a), that operates an
Internet search engine or any other form of public Internet-based
search database, and that receives the program participant opt-out
form described in subdivision (a), shall not solicit, sell, or trade
on the Internet the home address or telephone number of the program
participant or a family member of a program participant who is also
participating in the program.
   (c) An entity that violates subdivision (b) 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 and the penalty imposed shall be enforceable
as a civil judgment.
   (d) A program participant whose home address or telephone number
is made public as a result of a violation of subdivision (b) 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 program participant court costs and reasonable
attorney's fees.
   (e) Notwithstanding any other provision of law, a program
participant whose home address or telephone number is solicited,
sold, or traded in violation of subdivision (b) 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 program
participant in an amount up to a maximum of three times the actual
damages, but in no case less than four thousand dollars ($4,000).
   (f) Nothing in this section shall preclude prosecution under any
other provision of law.
   (g) For purposes of this section, the term "entity" shall include
a business, a state or local agency, a private entity, or an
individual person.
  SEC. 5.  Section 6208.2 is added to the Government Code, to read:
   6208.2.  (a) (1) No person shall maliciously, and with the intent
to obstruct justice or the due administration of the laws, or with
the intent that another person imminently use that information to
commit a crime involving violence or a threat of violence, post on an
Internet Web site the home address, the telephone number, or
personal identifying information of a program participant or the
program participant's family members who are participating in the
program.
   (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 program participant, or of any of the program
participant's 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) Nothing in this section shall preclude prosecution under any
other provision of law.
  SEC. 6.  Section 6215.25 is added to the Government Code, to read:
   6215.25.  Subject to Section 6215.7, all records or documents
pertaining to a program participant are confidential and shall not be
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250)).
  SEC. 7.  Section 6215.4 of the Government Code is amended to read:
   6215.4.  (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card. Certification shall be terminated on the date of
receipt of this notification.
   (b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
   (3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
   (4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
   (5) The program participant who is a provider, employee, or
volunteer fails to disclose a change in employment, or termination as
volunteer or provider.
   (c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant. The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
   (d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, and county recording office of
the program participant's certification withdrawal, invalidation,
expiration, or termination.
   (e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record. 
   (f) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the address
confidentiality program manager may disclose information contained in
the participant's application. 
  SEC. 8.  Section 6215.7 of the Government Code is amended to read:
   6215.7.  The Secretary of State may not make a program participant'
s address, other than the address designated by the Secretary of
State, available for inspection or copying, except under any of the
following circumstances:
   (a) If requested by a law enforcement agency, to the law
enforcement agency.
   (b) If directed by a court order, to a person identified in the
order. 
   (c) If certification has been canceled. 
  SEC. 9.  Section 6215.71 is added to the Government Code, to read:
   6215.71.  (a) The Secretary of State shall develop, and provide to
a program participant upon certification of the participant's
application, a written form that the program participant may submit
to an entity that operates an Internet search engine or any other
form of a public Internet-based search database, for purposes of
preventing the disclosure of the participant's personal information
by the entity on the search engine or database, including, but not
limited to, the participant's home address or telephone number. In
addition to specifying that the program participant has opted against
having his or her personal information disclosed on an Internet
search engine or database, the form shall include a narrative
description of the requirements imposed by this section.
   (b) (1) An entity described in subdivision (a), that operates an
Internet search engine or any other form of a public Internet-based
search database, and that receives the program participant opt-out
form described in subdivision (a), shall review any Internet Web site
that is owned, operated, or maintained by that entity to locate and
remove, within two business days, any personal information of the
identified participant from the publicly accessible areas of the
Internet Web site. The entity shall have an ongoing responsibility to
review any Internet Web site that is owned, operated, or maintained
by that entity for the purpose of ensuring that the participant's
personal information is not reported to those Internet Web sites.
   (2) An entity described in subdivision (a), that operates an
Internet search engine or any other form of public Internet-based
search database, and that receives the program participant opt-out
form described in subdivision (a), shall not solicit, sell, or trade
on the Internet the home address or telephone number of the program
participant or a family member of a program participant who is also
participating in the program.
   (c) An entity that violates subdivision (b) 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 and the penalty imposed shall be enforceable
as a civil judgment.
   (d) A program participant whose home address or telephone number
is made public as a result of a violation of subdivision (b) 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 program participant court costs and reasonable
attorney's fees.
   (e) Notwithstanding any other provision of law, a program
participant whose home address or telephone number is solicited,
sold, or traded in violation of subdivision (b) 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 program
participant in an amount up to a maximum of three times the actual
damages, but in no case less than four thousand dollars ($4,000).
   (f) Nothing in this section shall preclude prosecution under any
other provision of law.
   (g) For purposes of this section, the term "entity" shall include
a business, a state or local agency, a private entity, or an
individual person.
  SEC. 10.  Section 6215.72 is added to the Government Code, to read:

   6215.72.  (a) (1) No person shall maliciously, and with the intent
to obstruct justice or the due administration of the laws, or with
the intent that another person imminently use that information to
commit a crime involving violence or a threat of violence, post on an
Internet Web site the home address, the telephone number, or
personal identifying information of a program participant or the
program participant's family members who are participating in the
program.
   (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 program participant, or of any of the program
participant's 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) Nothing in this section shall preclude prosecution under any
other provision of law.
  SEC. 11.  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.