Amended in Assembly May 23, 2016

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)

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(Coauthor: Senator Galgiani)

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(Coauthors: Senators Allen and Galgiani)

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February 18, 2016


An act to add Sections 6209.5, 6215.10, and 6215.12 to the Government Code, relating to address confidentiality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2263, as amended, Baker. Protection of victims of domestic violence, sexual assault, or stalking, and 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 substitutebegin delete addressend deletebegin insert address,end insert except as specified.

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.

Thisbegin delete billend deletebegin insert bill, with certain exceptions,end insert would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participant who is a reproductive health care services provider, employee, volunteer, or patient and 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: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 6209.5 is added to the Government Code,
2to read:

3

6209.5.  

The Secretary of State shall provide each program
4participant a notice in clear and conspicuous font that contains all
5of 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 her
P3    1residential street address from disclosure in real property
2transactions.

3(c) The program participant may obtain a change of his or her
4legal name to protect his or her anonymity.

5(d) A list of contact information for entities that the program
6participant may contact to receive information on, or receive legal
7services for, the creation of a trust to hold real property or obtaining
8a name change, including county bar associations, legal aid
9societies, domestic violence prevention organizations, state and
10local agencies, or other nonprofit organizations that may be able
11to assist program participants.

12

SEC. 2.  

Section 6215.10 is added to the Government Code, to
13read:

14

6215.10.  

(a) A person, business, or association shall not
15publicly post or publicly display on the Internet the home address
16of a program participant who has made a written demand of that
17person, business, or association to not disclose the home address
18of the program participant.

19(b) A person, business, or association shall not knowingly post
20the home address of a program participant, or of the program
21participant’s residing spouse or child, on the Internet knowing that
22person is a program participant and intending to cause imminent
23great bodily harm that is likely to occur or threatening to cause
24imminent great bodily harm to that individual.

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25
(c) This section shall not apply to an interactive computer
26service or access software provider, as defined in Section 230(f)
27of Title 47 of the United States Code, unless the service or provider
28intends to abet or cause imminent great bodily harm that is likely
29to occur or threatens to cause imminent great bodily harm to a
30program participant.

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31

SEC. 3.  

Section 6215.12 is added to the Government Code, to
32read:

33

6215.12.  

The Secretary of State shall provide each program
34participant a notice in clear and conspicuous font that contains all
35of the following information:

36(a) The program participant is authorized by law to request to
37use his or her address designated by the Secretary of State on real
38property deeds, change of ownership forms, and deeds of trust
39when purchasing or selling a home.

P4    1(b) The program participant may create a revocable living trust
2and place his or her real property into the trust to protect his or her
3residential street address from disclosure in real property
4transactions.

5(c) The program participant may obtain a change of his or her
6legal name to protect his or her anonymity.

7(d) A list of contact information for entities that the program
8participant may contact to receive information on, or receive legal
9services for, the creation of a trust to hold real property or obtaining
10a name change, including county bar associations, legal aid
11societies, state and local agencies, or other nonprofit organizations
12that may be able to assist program participants.



O

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