Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 222

Introduced by Assembly Member Achadjian

February 3, 2015

An act to amend Section begin delete 4150 end delete begin insert 1808.4 end insert of the Vehicle Code, relating to begin delete vehicles end delete begin insert vehicle records end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 222, as amended, Achadjian. begin delete Vehicles: vehicle registration. end delete begin insert Vehicle records: confidential home address. end insert

begin insert

Existing law prohibits the disclosure of the home addresses of certain public employees and officials, including an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities or the Prison Industry Authority, that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities.

end insert begin insert

This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of an employee of the State Department of State Hospitals, as specified.

end insert begin delete

Existing law requires the owner of a vehicle of a type required to be registered under the Vehicle Code to submit an application for the original or renewal registration of that vehicle to the Department of Motor Vehicles upon the appropriate form furnished by the department.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1808.4 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

1808.4.  

(a) For all of the following persons, his or her home
address that appears in a record of the department is confidential
if the person requests the confidentiality of that information:

(1) Attorney General.

(2) State Public Defender.

(3) A Member of the Legislature.

(4) A judge or court commissioner.

(5) A district attorney.

(6) A public defender.

(7) An attorney employed by the Department of Justice, the
office of the State Public Defender, or a county office of the district
attorney or public defender.

(8) A city attorney and an attorney who submits verification
from his or her public employer that the attorney represents the
city in matters that routinely place the attorney in personal contact
with persons under investigation for, charged with, or convicted
of, committing criminal acts, if that attorney is employed by a city
attorney.

(9) A nonsworn police dispatcher.

(10) A child abuse investigator or social worker, working in
child protective services within a social services department.

(11) An active or retired peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.

(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, begin delete or end delete the Prison
Industry Authority begin insert , or the State Department of State Hospitals end insert
specified in Sections begin delete 20403 and end delete begin insert 20403, end insert 20405 begin insert , and 20407 end insert of the
Government Code.

(13) A nonsworn employee of a city police department, a county
sheriff’s office, the Department of the California Highway Patrol,
a federal, state, or local detention facility, or a local juvenile hall,
camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.

(14) A county counsel assigned to child abuse cases.

(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.

(16) A member of a city council.

(17) A member of a board of supervisors.

(18) A federal prosecutor, criminal investigator, or National
Park Service Ranger working in this state.

(19) An active or retired city enforcement officer engaged in
the enforcement of the Vehicle Code or municipal parking
ordinances.

(20) An employee of a trial court.

(21) A psychiatric social worker employed by a county.

(22) A police or sheriff department employee designated by the
begin delete Chief of Police end delete begin insert chief of police end insert of the department or the sheriff of
the county as being in a sensitive position. A designation pursuant
to this paragraph shall, for purposes of this section, remain in effect
for three years subject to additional designations that, for purposes
of this section, shall remain in effect for additional three-year
periods.

(23) A state employee in one of the following classifications:

(A) Licensing Registration Examiner, Department of Motor
Vehicles.

(B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.

(C) Museum Security Officer and Supervising Museum Security
Officer.

(D)  Licensing Program Analyst, begin insert State end insert Department of Social
Services.

(24) (A) The spouse or child of a person listed in paragraphs
(1) to (23), inclusive, regardless of the spouse’s or child’s place
of residence.

(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, if the peace officer died in the line of duty.

(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.

(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request
for confidentiality, whether the spouse or child has been convicted
of a crime and is on active parole or probation.

(iii) Neither the listed person’s employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime
and is on active parole or probation.

(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:

(1) A court.

(2) A law enforcement agency.

(3) The State Board of Equalization.

(4) An attorney in a civil or criminal action that demonstrates
to a court the need for the home address, if the disclosure is made
pursuant to a subpoena.

(5) A governmental agency to which, under any begin delete provision of end delete
law, information is required to be furnished from records
maintained by the department.

(c) (1) A record of the department containing a confidential
home address shall be open to public inspection, as provided in
Section 1808, if the address is completely obliterated or otherwise
removed from the record.

(2) Following termination of office or employment, a
confidential home address shall be withheld from public inspection
for three years, unless the termination is the result of conviction
of a criminal offense. If the termination or separation is the result
of the filing of a criminal complaint, a confidential home address
shall be withheld from public inspection during the time in which
the terminated individual may file an appeal from termination,
while an appeal from termination is ongoing, and until the appeal
process is exhausted, after which confidentiality shall be at the
discretion of the employing agency if the termination or separation
is upheld. Upon reinstatement to an office or employment, the
protections of this section are available.

(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse
or child listed in subparagraph (B) of paragraph (24) of subdivision
(a) shall be withheld from public inspection for three years
following the death of the peace officer.

(4) The department shall inform a person who requests a
confidential home address what agency the individual whose
address was requested is employed by or the court at which the
judge or court commissioner presides.

(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the
city police department or county sheriff’s office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff’s
office, or the spouses or children of these persons is a felony.

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SECTION 1.  

Section 4150 of the Vehicle Code is amended to
read:

4150.  

Application for the original or renewal registration of a
vehicle of a type that is required to be registered under this code
shall be made by the owner to the department upon the appropriate
form furnished by it and shall contain all of the following
information:

(a) The true, full name, business or residence and mailing
address, and driver’s license or identification card number, if any,
of the owner, and the true, full name and business or residence or
mailing address of the legal owner, if any.

(b) The name of the county in which the owner resides.

(c) A description of the vehicle, including the following data
insofar as it may exist:

(1) The make, model, and type of body.

(2) The vehicle identification number or any other identifying
number as may be required by the department.

(3) The date first sold by a manufacturer, remanufacturer, or
dealer to a consumer.

(d) Any other information that is reasonably required by the
department to enable it to determine whether the vehicle is lawfully
entitled to registration.

end delete