Amended in Assembly April 11, 2016

Amended in Assembly March 30, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2263


Introduced by Assembly Member Baker

(Coauthors: Assembly Members Cristina Garcia, Gipson, and Lackey)

(Coauthor: Senator Galgiani)

February 18, 2016


An act to addbegin delete Section 6215.10end deletebegin insert Sections 6209.5, 6215.10, and 6215.12end insert to the Government Code, relating to address confidentiality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2263, as amended, Baker. Protection ofbegin insert victims of domestic violence, sexual assault, or stalking, andend insert reproductive health care service providers: address confidentiality.

Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, 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 and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participant’s substitute address except as specified.

begin insert

This bill would require the Secretary of State to provide each program participant a notice in clear and conspicuous font that contains specified information, including that the program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

end insert

This bill would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participantbegin insert who is a reproductive health care services provider, employee, volunteer, or patient andend insert who has made a written demand to not disclose his or her address, and would prohibit a person, business, or association from knowingly posting the home address of a program participant, or of the program participant’s residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6209.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert6209.5.end insert  

The Secretary of State shall provide each program
4participant a notice in clear and conspicuous font that contains
5all of the following information:

6
(a) The program participant is authorized by law to request to
7use his or her address designated by the Secretary of State on real
8property deeds, change of ownership forms, and deeds of trust
9when purchasing or selling a home.

10
(b) The program participant may create a revocable living trust
11and place his or her real property into the trust to protect his or
12her residential street address from disclosure in real property
13transactions.

14
(c) The program participant may obtain a change of his or her
15legal name to protect his or her anonymity.

16
(d) A list of contact information for entities that the program
17participant may contact to receive information on, or receive legal
P3    1services for, the creation of a trust to hold real property or
2obtaining a name change, including county bar associations, legal
3aid societies, domestic violence prevention organizations, state
4and local agencies, or other nonprofit organizations that may be
5able to assist program participants.

end insert
6

begin deleteSECTION 1.end delete
7
begin insertSEC. 2.end insert  

Section 6215.10 is added to the Government Code, to
8read:

9

6215.10.  

(a) A person, business, or association shall not
10publicly post or publicly display on the Internet the home address
11of a program participant who has made a written demand of that
12person, business, or association to not disclose the home address
13of the program participant.

14(b) A person, business, or association shall not knowingly post
15the home address of a program participant, or of the program
16participant’s residing spouse or child, on the Internet knowing that
17person is a program participant and intending to cause imminent
18great bodily harm that is likely to occur or threatening to cause
19imminent great bodily harm to that individual.

20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6215.12 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
21read:end insert

begin insert
22

begin insert6215.12.end insert  

The Secretary of State shall provide each program
23participant a notice in clear and conspicuous font that contains
24all of the following information:

25
(a) The program participant is authorized by law to request to
26use his or her address designated by the Secretary of State on real
27property deeds, change of ownership forms, and deeds of trust
28when purchasing or selling a home.

29
(b) The program participant may create a revocable living trust
30and place his or her real property into the trust to protect his or
31her residential street address from disclosure in real property
32transactions.

33
(c) The program participant may obtain a change of his or her
34legal name to protect his or her anonymity.

35
(d) A list of contact information for entities that the program
36participant may contact to receive information on, or receive legal
37services for, the creation of a trust to hold real property or
38obtaining a name change, including county bar associations, legal
P4    1aid societies, state and local agencies, or other nonprofit
2organizations that may be able to assist program participants.

end insert


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