BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2263|
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                                   THIRD READING 


          Bill No:  AB 2263
          Author:   Baker (R), et al.
          Amended:  5/23/16 in Assembly
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  5-1, 6/28/16
           AYES:  Jackson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Anderson
           NO VOTE RECORDED:  Moorlach

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  70-0, 5/27/16 - See last page for vote

           SUBJECT:   Protection of victims of domestic violence, sexual  
                     assault, or stalking, and reproductive health care  
                     service providers:  address confidentiality


          SOURCE:    Author

          DIGEST:   This bill 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.


          ANALYSIS:  









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          Existing law: 


          1)Establishes an address confidentiality, or Safe at Home (SAH),  
            program within the Office of the SOS in order to enable state  
            and local agencies to both accept and respond to requests for  
            public records without disclosing the changed name or address  
            of a victim of domestic violence, sexual assault, or stalking.  
             Permits any such adult victim, or parent or guardian acting  
            on behalf of a minor or incapacitated person, to apply through  
            a community-based victims' assistance program to have an  
            address designated by the SOS as his or her substitute mailing  
            address.  (Gov. Code Sec. 6205 et seq.)  Similarly, existing  
            law allows reproductive health care providers, employees,  
            volunteers, and patients to participate in the SAH address  
            confidentiality program, as specified.  (Gov. Code Sec. 6215  
            et seq.)


          2)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. (Gov. Code Sec. 6208.1.)


          3)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. (Gov. Code Secs. 6206, 6206.4 and 6208)


          4)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.   







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            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. (Gov. Code Sec. 6218.)


          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 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 Internet Web site and provide  
            new SAH enrollees information about how to protect personal  
            privacy on real property records as follows:


                 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;


                 A notice that the participant may wish to protect his or  
               her home address from disclosure in real property  







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               transactions by creating a trust and placing his or her  
               real property into the trust;


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


                 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.


          Background 


          With the passage of SB 489 (Alpert, Chapter 1005, Statutes of  
          1998), the Legislature established the SAH within the Office of  
          the SOS to allow victims of domestic violence to apply for a  
          substitute address to be used in public records in order to  
          prevent their assailants, or potential assailants, from finding  
          their work or home address.  Through subsequent legislation, the  
          program has been expanded to include victims of sexual assault,  
          stalking, elder abuse, and reproductive health care service  
          providers, employees, volunteers, and patients.  (See SB 1318  
          (Alpert, Chapter 562, Statutes of 2000), AB 205 (Leach, Chapter  
          33, Statutes of 2000), AB 797 (Shelley, Chapter 380, Statutes of  
          2002), and AB 849 (Garcia, Chapter 676, Statutes of 2013).)


          This bill standardizes the protections available to program  
          participants and seeks to enhance participants' ability to  
          maintain anonymity on real property records by requiring the SOS  
          to provide participants with specified information. 




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No








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          SUPPORT:   (Verified8/1/16)


           California Partnership to End Domestic Violence
           California State Sheriffs' Association
           Community Action Fund of Planned Parenthood of Orange and San  
            Bernardino Counties
           Contra Costa County District Attorney's Office
           Crime Victims United of California
           Planned Parenthood Action Fund of Santa Barbara, Ventura, & San  
            Luis Obispo Counties
           Planned Parenthood Action Fund of the Pacific Southwest
           Planned Parenthood Advocacy Project Los Angeles County
           Planned Parenthood Advocates Pasadena and San Gabriel Valley
           Planned Parenthood Affiliates of California
           Planned Parenthood Mar Monte
           Planned Parenthood Northern California Action Fund


          OPPOSITION:   (Verified8/1/16)




          California Right to Life Committee 


          ARGUMENTS IN SUPPORT:     In support, the California State  
          Sherriff's Association writes: Current law provides that state  
          and local agencies may use a Secretary of State designated  
          address when creating public records for victims of domestic  
          violence, sexual assault, and stalking as well as reproductive  
          health care service providers.  Unfortunately, this protection  
          does not prevent a county assessor's office from publishing  
          certain records, which creates a loophole in maintaining the  
          victim's confidentiality.  Consequently, potential predators are  
          able to access a victim's private home address by using the  
          county assessor records.  


          ARGUMENTS IN OPPOSITION:     In opposition, the California Right  
          to Life Committee writes, "this bill may be protecting domestic  
          violence victims and others with an alternate and approved  







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          address, but it appears to single out family planning personnel  
          who, basically, are abortion providers and would provide them  
          with an additional cloak of privacy.  Other healthcare providers  
          who are not providing abortion and abortion related services are  
          not included in this proposed protection of personal  
          information.  Agencies that provide services and are considered  
          anti-abortion should merit equal protection and confidentiality  
          of their personal information." 


          ASSEMBLY FLOOR:  70-0, 5/27/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chu, Cooley, Dababneh, Daly, Eggman,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Brough, Brown, Chiu, Cooper, Dahle, Dodd,  
            Grove, Hadley, Melendez, O'Donnell

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/4/16 14:29:40


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