Amended in Senate June 15, 2014

Amended in Senate June 10, 2014

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 634

Introduced by Assembly Member Gomez

February 20, 2013

An act to amend Section 6254.21 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 634, as amended, Gomez. Public records: exception to disclosure: public officials.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act prohibits a person, business, or association from publicly posting or displaying on the Internet the home address or telephone number of any elected or appointed official, defined to include a public safety official, if that official has made a written demand to not have that information disclosed. Existing law permits an elected or appointed official to designate the official’s employer, a related governmental entity, or a voluntary professional association of similar officials to act as that official’s agent with regard to making that written demand. Existing law requires a written demand made by an official’s agent to describe a threat or fear for safety of the official or any person residing at the official’s home address.

This bill would additionally permit the recognized collective bargaining representative of an appointed official who is a peace officer, as defined, begin insert a District Attorney, or a Deputy District Attorney, end insert to make a written demand for nondisclosure under this law on behalf of that appointed official.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6254.21 of the Government Code is
amended to read:

6254.21.  

(a) 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.

(b) 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 that
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. A violation
of this subdivision is a misdemeanor. A violation of this
subdivision that leads to the bodily injury of the official, or his or
her residing spouse or child, is a misdemeanor or a felony.

(c) (1) (A) 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, either directly or through an agent designated under paragraph
(3), made a written demand of that person, business, or association
to not disclose his or her home address or telephone number.

(B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official’s home address.

(C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official’s term has expired prior to the end of the four-year
period.

(D) (i) A person, business, or association that receives the
written demand of an elected or appointed official pursuant to this
paragraph shall remove the official’s home address or telephone
number from public display on the Internet, including information
provided to cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to ensure that
this information is not reposted on the same Internet Web site,
subsidiary site, or any other Internet Web site maintained by the
recipient of the written demand.

(ii) After receiving the elected or appointed official’s written
demand, the person, business, or association shall not transfer the
appointed or elected official’s home address or telephone number
to any other person, business, or association through any other
medium.

(iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official’s
home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate.

(E) For purposes of this paragraph, “publicly post” or “publicly
display” means to intentionally communicate or otherwise make
available to the general public.

(2) An official whose home address or telephone number is
made public as a result of a violation of paragraph (1) may bring
an action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a court finds that a violation has occurred,
it may grant injunctive or declarative relief and shall award the
official court costs and reasonable attorney’s fees. A fine not
exceeding one thousand dollars ($1,000) may be imposed for a
violation of the court’s order for an injunction or declarative relief
obtained pursuant to this paragraph.

(3) An elected or appointed official may designate in writing
the official’s employer, a related governmental entity, or any
voluntary professional association of similar officials to act, on
behalf of that official, as that official’s agent with regard to making
a written demand pursuant to this section. In the case of an
appointed official who is a peace officer, as defined in Sections
830 to 830.65, inclusive, of the Penal Code, begin insert a District Attorney,
or a Deputy District Attorney, end insert that official may also designate his
or her recognized collective bargaining representative to make a
written demand on his or her behalf pursuant to this section. A
written demand made by an agent pursuant to this paragraph shall
include a statement describing a threat or fear for the safety of that
official or of any person residing at the official’s home address.

(d) (1) 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 to any person residing at the
official’s home address.

(2) Notwithstanding any other law, an official whose home
address or telephone number is solicited, sold, or traded in violation
of paragraph (1) 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 official in an amount up to a
maximum of three times the actual damages but in no case less
than four thousand dollars ($4,000).

(e) 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 imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.

(f) For purposes of this section, “elected or appointed official”
includes, but is not limited to, all of the following:

(1) State constitutional officers.

(2) Members of the Legislature.

(3) Judges and court commissioners.

(4) District attorneys.

(5) Public defenders.

(6) Members of a city council.

(7) Members of a board of supervisors.

(8) Appointees of the Governor.

(9) Appointees of the Legislature.

(10) Mayors.

(11) City attorneys.

(12) Police chiefs and sheriffs.

(13) A public safety official, as defined in Section 6254.24.

(14) State administrative law judges.

(15) Federal judges and federal defenders.

(16) Members of the United States Congress and appointees of
the President.

(g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any
other provision of law.