BILL NUMBER: SB 636 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Corbett
( Coauthor: Senator Leno
)
(Coauthors: Assembly Members Jeffries, Portantino, and Smyth)
FEBRUARY 18, 2011
An act to amend Sections 6206.7, 6208, and 6215.7 of, and to add
Sections 6208.1 and 6208.2 6208.1, 6208.2,
and 6218.01 to, the Government Code, relating to personal
information.
LEGISLATIVE COUNSEL'S DIGEST
SB 636, as amended, 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 prohibits the Secretary of State from making a program
participant's address publicly available, except in specified
circumstances, including when the participant's program certification
has been canceled.
This bill would specify, instead, that a participant's personal
address may be revealed after termination of certification only if
the participant's termination resulted from the program manager
determining that false information was used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
This bill would also, for purposes of the program for victims of
domestic violence or stalking, authorize a program participant to
obtain a written form that the program participant may submit to an
entity, as defined, that commercially operates an Internet Web site.
This bill would, for purposes of the program for victims of
domestic violence or stalking, require an entity that commercially
operates the Internet Web site and that receives the program
participant opt-out form to remove the participant's personal
information from public display on the Internet Web site within 2
days, 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.
This bill would, for purposes of the program for victims of
domestic violence or stalking, prohibit a person, business, or
association from knowingly and intentionally publicly posting or
displaying on the Internet, or soliciting, selling, or trading on the
Internet, specified personal information of a program participant or
other persons residing at the same address with a prescribed intent
to cause great bodily harm or place a person in objectively
reasonable fear for his or her personal safety. The bill would also
prohibit a person, business, or association from intentionally
publicly posting or displaying on the Internet specified personal
information of a program participant or other persons residing at the
same address if the participant has made a demand on the person,
business, or association to not disclose that information, as
specified. Violation of these provisions would be subject to
specified civil penalties.
The bill would , for purposes of the program for victims
of domestic violence or stalking, 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 the Internet the home address,
the telephone number, or personal identifying information of a
domestic violence or stalking victim program participant or the
program participant's family members who are participating in the
program , or a provider, employee, volunteer, or patient of a
reproductive health facility or individual residing at the same
address . 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 6206.7 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 paragraph (2) of subdivision (b), the address
confidentiality program manager may disclose information contained in
the participant's application.
SEC. 2. 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 terminated as a result of paragraph
(2) of subdivision (b) of Section 6206.7.
SEC. 4. Section 6208.1 is added to the
Government Code, to read:
6208.1. (a) Upon certification of the participant's application,
the participant shall obtain a written opt-out form for submission to
an entity that commercially operates an Internet Web site. The form
shall notify the entity of the protected person and prevent the
inclusion of the participant's addresses and telephone numbers on the
Internet Web site. The form shall include a narrative description of
the requirements imposed by this section.
(b) (1) An entity that receives the opt-out form of a participant
pursuant to this section shall remove the participant's personal
information from public display on the Internet Web site within two
days 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 Internet Web site, or any other Internet Web site
maintained by the entity.
(2) Any entity described in subdivision (a) that receives the
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. 3. Section 6208.1 is added to the
Government Code , to read:
6208.1. (a) (1) No person, business, or association shall
knowingly and intentionally publicly post or publicly display on the
Internet the home address, home telephone number, or image of a
program participant or other individuals residing at the same home
address with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
(2) A participant whose home address, home telephone number, or
image is made public as a result of a violation of paragraph (1) may
do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in
any court of competent jurisdiction. If a jury or court finds that a
violation has occurred, it may grant injunctive or declarative relief
and shall award the successful plaintiff court costs and reasonable
attorney's fees.
(B) Bring an action for money damages in any court of competent
jurisdiction. In addition to any other legal rights or remedies, if a
jury or court finds that a violation has occurred, it shall award
damages to that individual in an amount up to a maximum of three
times the actual damages, but in no case less than four thousand
dollars ($4,000).
(b) (1) No person, business, or association shall intentionally
publicly post or publicly display on the Internet the home address or
home telephone number of a participant if that individual has made a
written demand of that person, business, or association to not
disclose his or her home address or home telephone number. A demand
made under this paragraph shall include a sworn statement declaring
that the person is subject to the protection of this section and
describing a reasonable fear for the safety of that individual or of
any person residing at the individual's home address, based on a
violation of subdivision (a). A written demand made under this
paragraph shall be effective for four years, regardless of whether or
not the individual's program participation has expired prior to the
end of the four-year period.
(2) A participant whose home address or home telephone number is
made public as a result of a failure to honor a demand made pursuant
to paragraph (1) may bring an action seeking injunctive or
declarative relief in any court of competent jurisdiction. If a jury
or court finds that a violation has occurred, it may grant injunctive
or declarative relief and shall award the successful plaintiff court
costs and reasonable attorney's fees.
(3) This subdivision shall not apply to a person or entity defined
in Section 1070 of the Evidence Code.
(c) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address, home telephone number, or
image of a participant with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
(2) A participant whose home address, home telephone number, or
image is solicited, sold, or traded in violation of paragraph (1) may
bring an action in any court of competent jurisdiction. In addition
to any other legal rights and remedies, if a jury or court finds that
a violation has occurred, it shall award damages to that individual
in an amount up to a maximum of three times the actual damages, but
in no case less than four thousand dollars ($4,000).
(d) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause bodily harm that is likely to occur or
threatens to cause bodily harm to a participant or any person
residing at the same home address.
(e) Nothing in this section is intended to preclude prosecution
under any other provision of law.
(f) For the purposes of this section, the following terms are
defined as follows:
(1) "Image" includes, but is not limited to, any photograph,
video, sketch, or computer-generated image that provides a means to
visually identify the person depicted.
(2) "Program participant" means a person certified as a program
participant in the manner described in Section 6206.
(3) "Publicly post" or "publicly display" means to communicate or
otherwise make available to the general public.
SEC. 4. 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
the Internet 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. 5. 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 terminated pursuant to paragraph (2)
of subdivision (b) of Section 6215.4.
SEC. 6. Section 6218.01 is added to the
Government Code , to read:
6218.01. (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
the Internet the home address, the telephone number, or personal
identifying information of a provider, employee, volunteer, or
patient of a reproductive health services facility or other
individuals residing at the same home address.
(2) A violation of this subdivision is a misdemeanor punishable by
a fine of up to two thousand five hundred dollars ($2,500),
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 provider, employee, volunteer, or patient of a
reproductive health services facility or other individuals residing
at the same home address, is a misdemeanor punishable by a fine of up
to five thousand dollars ($5,000), 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. SEC. 7. 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.