BILL NUMBER: AB 2263 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY MAY 23, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Baker
(Coauthors: Assembly Members Cristina Garcia, Gipson, and Lackey)
(Coauthors: Senators Allen and Galgiani)
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, 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 substitute address, 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.
This bill, with certain exceptions, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6209.5 is added to the Government Code, to
read:
6209.5. The Secretary of State shall provide each program
participant a notice in clear and conspicuous font that contains all
of the following information:
(a) 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.
(b) The program participant may create a revocable living trust
and place his or her real property into the trust to protect his or
her residential street address from disclosure in real property
transactions.
(c) The program participant may obtain a change of his or her
legal name to protect his or her anonymity.
(d) A list of contact information for entities that the program
participant may contact to receive information on, or receive legal
services for, the creation of a trust to hold real property or
obtaining a name change, including county bar associations, legal aid
societies, domestic violence prevention organizations, state and
local agencies, or other nonprofit organizations that may be able to
assist program participants.
SEC. 2. Section 6215.10 is added to the Government Code, to read:
6215.10. (a) A person, business, or association shall not
publicly post or publicly display on the Internet the home address of
a program participant who has made a written demand of that person,
business, or association to not disclose the home address of the
program participant.
(b) A person, business, or association shall not knowingly post
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.
(c) This section shall not apply to an interactive computer
service or access software provider, as defined in Section 230(f) of
Title 47 of the United States Code, 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 a program
participant.
SEC. 3. Section 6215.12 is added to the Government Code, to read:
6215.12. The Secretary of State shall provide each program
participant a notice in clear and conspicuous font that contains all
of the following information:
(a) 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.
(b) The program participant may create a revocable living trust
and place his or her real property into the trust to protect his or
her residential street address from disclosure in real property
transactions.
(c) The program participant may obtain a change of his or her
legal name to protect his or her anonymity.
(d) A list of contact information for entities that the program
participant may contact to receive information on, or receive legal
services for, the creation of a trust to hold real property or
obtaining a name change, including county bar associations, legal aid
societies, state and local agencies, or other nonprofit
organizations that may be able to assist program participants.