BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2263


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          ASSEMBLY THIRD READING


          AB  
          2263 (Baker)


          As Amended  May 23, 2016


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                  |Noes                 |
          |                |     |                      |                     |
          |                |     |                      |                     |
          |                |     |                      |                     |
          |----------------+-----+----------------------+---------------------|
          |Judiciary       |10-0 |Mark Stone, Wagner,   |                     |
          |                |     |Alejo, Chau, Chiu,    |                     |
          |                |     |Gallagher, Weber,     |                     |
          |                |     |Holden, Maienschein,  |                     |
          |                |     |Ting                  |                     |
          |                |     |                      |                     |
          |----------------+-----+----------------------+---------------------|
          |Privacy         |11-0 |Chau, Wilk, Baker,    |                     |
          |                |     |Calderon, Chang,      |                     |
          |                |     |Cooper, Dababneh,     |                     |
          |                |     |Gatto, Gordon, Low,   |                     |
          |                |     |Olsen                 |                     |
          |                |     |                      |                     |
          |----------------+-----+----------------------+---------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                     |
          |                |     |Bloom, Bonilla,       |                     |
          |                |     |Bonta, Calderon,      |                     |
          |                |     |Chang, McCarty,       |                     |
          |                |     |Eggman, Gallagher,    |                     |
          |                |     |Eduardo Garcia, Chau, |                     |








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          |                |     |Holden, Jones,        |                     |
          |                |     |Obernolte, Quirk,     |                     |
          |                |     |Santiago, Wagner,     |                     |
          |                |     |Weber, Wood           |                     |
          |                |     |                      |                     |
          |                |     |                      |                     |
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          SUMMARY:  Standardizes the confidentiality protections for Safe  
          at Home (SAH) program participants, regardless of whether their  
          participation is based on their status as victims of domestic  
          violence, stalking, or sexual assault, or on their status as a  
          patient, employee, or volunteer at a reproductive health care  
          clinic; and requires the Secretary of State (SOS) to provide SAH  
          enrollees with information about how to protect their privacy on  
          real property records.  Specifically, this bill:
          1)Specifies that no person, business, or association shall  
            publicly post or display on the Internet the address of an SAH  
            program participant, as specified, who has made a written  
            demand of that person, business, or association to not  
            disclose the home address of the program participant.
          2)Specifies that no person, business, or association shall  
            knowingly post the home address of a an SAH program  
            participant, as specified, 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 or threatening to cause imminent great bodily harm  
            to the program participant or his or her residing spouse or  
            child.  However, this provision does not apply to an  
            interactive computer service or access software provider, as  
            defined, 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.


          3)Requires the SOS to post on its website and provide new SAH  
            enrollees information about how to protect personal privacy on  








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            real property records as follows:


             a)   A notice that the participant may request to use his or  
               her SOS SAH address on real property deeds, change of  
               ownership forms, and deeds of trust when purchasing or  
               selling a home;
             b)   A notice that the participant may wish to protect his or  
               her home address from disclosure in real property  
               transactions by creating a trust and placing his or her  
               real property into the trust;


             c)   A notice that the participant may wish to legally change  
               his or her name in order to protect his or her anonymity;  
               and


             d)   A list of contacts for entities, such as county bar  
               associations, legal aid societies, domestic violence  
               prevention organizations, or other state or local  
               nonprofits who can provide more information and legal  
               services to create a trust or accomplish a name change.


          EXISTING LAW:


          1)Establishes the SAH address confidentiality program within the  
            office of the SOS.  This program allows state and local  
            agencies to accept a substitute address designated by the SOS  
            in lieu of an actual home address and requires the agency to  
            request for public records without disclosing the address of a  
            victim of domestic violence, sexual assault, stalking, or  
            elder or dependent adult abuse.  Permits any such adult  
            victim, or parent or guardian acting on behalf of a minor or  
            incapacitated person, to apply through a specified program to  
            have an address designated by the SOS as his or her substitute  
            mailing address.








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          2)Similarly, allows reproductive health care providers,  
            employees, volunteers, and patients to participate in the SAH  
            address confidentiality program, as specified.


          3)Provides that no person, business, or association shall  
            knowingly and intentionally publicly post or publicly display  
            on the Internet the home address, home telephone number, or  
            image of a program participant or other individuals residing  
            at the same home address with the intent to threaten the  
            participant or cause the participant, or co-resident, harm, as  
            specified.


          4)Prohibits the SOS from disclosing a program participant's name  
            change or address, other than the designated address, unless  
            it is requested by, and disclosed to, law enforcement, or  
            directed by a court, or if the participant's certification has  
            been canceled.


          5)Prohibits a person, business, or association from knowingly  
            posting or displaying on the Internet the home address, home  
            telephone number, or image of any provider, employee,  
            volunteer, or patient of a reproductive health service  
            facility, with the intent to incite a third person to cause  
            imminent bodily harm to a person protected by this provision.   
            Permits a person whose personal information is posted to bring  
            an action for injunctive relief of damages, as specified.   
            Provides that no person shall post or display on the Internet  
            any personal information about a person protected by this  
            provision if the person has requested that the information be  
            removed, as specified.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor and absorbable costs for the SOS to provide the  
          required notifications.  There are currently about 3,100 SAH  
          participants.








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          COMMENTS:  The California Public Records Act (PRA) requires  
          state and local agencies to make public records available for  
          inspection and copying by members of the public, unless the  
          records are expressly exempted from disclosure by express  
          provisions of the PRA or some other statute.  One such exemption  
          includes participants in the Safe At Home (SAH) program, which  
          is intended to keep the home addresses of program participants  
          confidential.  Though restricted to victims of domestic violence  
          when first established in 1998, the program has since expanded  
          to include victims of stalking and sexual assault, patients,  
          employees, and volunteers of reproductive health centers, and  
          victims of elder and dependent adult abuse.  The SAH program  
          works by allowing program participants to use a substitute,  
          publicly disclosable address, in lieu of the actual home  
          address, whenever an address is required by a public agency for  
          an official purpose.  Any correspondence from the agency to the  
          participant is sent to the designated address, and the SOS  
          forwards it to the participant's actual and confidential  
          address.  In addition, the SOS is also designated to receive  
          legal notices and service of process on the participant's  
          behalf.  Agencies must accept the SOS address and use it when  
          creating, or disclosing, public records.




          As most recently amended, this bill does two things.  First, it  
          offers the same protections for SAH program participants,  
          regardless of the reason for their participation.  Existing law  
          provides separate code sections for SAH participants who are  
          victims of domestic violence, sexual assault, or stalking, on  
          the one hand, and SAH participants who are clients, employees,  
          or volunteers of a reproductive health center, on the other  
          hand.  This bill effectively harmonizes these two code  
          provisions so that both groups have the same protections.   
          Second, in order to make maximize the effectiveness of the  
          program, this bill requires the SOS to provide to each  








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          participant, and to post on its Internet Web site, a notice that  
          informs participants about their rights under the program and  
          provides other information on how the participant can better  
          protect his or her privacy on property records.


          Analysis Prepared by:                                             
                          Thomas Clark / JUD. / (916) 319-2334  FN:  
          0003033