BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 372        Hearing Date:    April 28, 2015    
          
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          |Author:    |Galgiani                                             |
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          |Version:   |February 24, 2015                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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                 Subject:  Department of Motor Vehicles:  Records:   
 
                                   Confidentiality



          HISTORY
          

          Source:   California Association of Code Enforcement Officers

          Prior Legislation:SB 767 (Lieu) (as amended in the Assembly)  
          failed Assembly 
                         Transportation, 2014
                         AB 2687 (Bocanegra) Chapter 273, Stats. 2014
                           AB 1270 (Eggman) - failed Assembly  
          Appropriations, 2013
                           AB 923 (Swanson) - failed Assembly  
          Appropriations, 2009
                           AB 529 (Lowenthal) - failed Assembly  
          Appropriations, 2009
                           AB 1958 (Swanson) - failed Assembly  
          Appropriations, 2008
                           AB 1311 (Berryhill) - not heard Assembly  
          Transportation, 2007
                           AB 1706 (Strickland) - failed Assembly  
          Transportation, 2005
                           AB 2012 (Chu) - section amended out of the  
          bill, 2004







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                           AB 130 (Campbell) - not heard Assembly  
          Transportation, 2003
                           AB 246 (Cox) - not heard Assembly  
          Transportation, 2003
                           AB 1775 (Ortiz) - no vote in Senate Public  
          Safety, 2002
                           AB 84 (Hertzberg) - Ch. 809, Stats. 2001
                           AB 1029 (Oropeza) - Ch. 486, Stats. 2001
                                      AB 151 (Longville) - vetoed, 2000
                                      AB 298 (Battin) - held in Assembly  
          Transportation, 2000
                                      AB 1310 (Granlund) - vetoed, 2000
                                             AB 1358 (Shelley) - Ch. 808,  
          Stats. 2000
                                              AB 1864 (Correa) - held  
          Assembly Appropriations, 2000
                                              SB 171 (Knight) - vetoed,  
          1998
                                            AB 1941 (Bordonaro) - Ch. 880,  
          Stats. 1996
                                            AB 191(Cannella) - died in  
          Sen. Committee on Criminal Procedure, 1996
                                            AB 3033 (Baca) - died in Sen.  
          Committee on Criminal Procedure, 1996
                                      AB 3391 (Ducheny) - never heard,  
          1996
                                             AB 688 (Frusetta) - died in  
          Sen. Committee on Criminal Procedure, 1996
                                             AB 1396 (Poochigian) - died  
          in Sen. Committee on Criminal Procedure,                          
            
                                             1996
                          




                          AB 1931 (Conroy) - Ch. 77, Stats. 1994
                                          AB 3454 (Speier) - Ch. 395,  
          Stats. 1994
                                          AB 3161 (Frazee) - Ch. 838,  
          Stats. 1994
                                          AB 1268 (Martinez) - Ch. 1268,  
          Stats. 1993








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                                          AB 2367 (Polanco) - Ch. 1291,  
          Stats. 1993
                                         SB 274 (Committee on  
          Transportation) - Ch. 1292, Stats. 1993
                                         SB 602 (1992) - Chaptered
                                            AB 1779 (1989) - Chaptered

          Support:  California Public Parking Association; County of San  
                    Diego; Glendale City Employees Association;  
                    Organization of SMUD Employees; San Bernardino Public  
                    Employees Association; San Luis Obispo County  
                    Employees Association

          Opposition:None Known

          THIS ANALYSIS REFLECTS AUTHORS AMENDMENTS TO BE TAKEN IN  
          COMMITTEE. (SEE COMMENT #5)

                     
          PURPOSE

          The purpose of this bill is to add code enforcement officers,  
          parking enforcement officers and non-sworn investigators with  
          the Department of Insurance to those who may request an  
          additional level of confidentiality from the Department of Motor  
          Vehicles.
           
           Under existing law the residential addresses of certain public  
          employees and their families are confidential.  (Vehicle Code §§  
          1808.4 and 1808.6 - began in 1977.)

          Existing law states that all residence addresses in any record  
          of the Department of Motor Vehicles (DMV) are confidential and  
          shall not be disclosed to any person, except a court, law  
          enforcement agency, or other governmental agency, or as  
          authorized in section 1808.22 of the Vehicle Code.  (Vehicle  
          Code §§ 1808.21 - added in 1989.)
           
          Existing law states that any person may seek suppression of any  
          DMV registration or driver's license record if he or she can  
          show that he or she is the subject of stalking or a threat of  
          death or great bodily injury.  The suppression will be for a  
          period of one year renewable for two more one year periods.   
          (Vehicle Code  § 1808.21(d).)








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          Existing law provides that the home address of specified persons  
          which appear in the records of DMV is confidential upon the  
          request of the person and that it not be disclosed except as  
          specified.  (Vehicle Code §§ 1808.4 and 1808.6.)

          Existing law provides that the willful, unauthorized disclosure  
          of this information as it relates to specified law enforcement  
          (peace officers, employees of city police departments, and  
          county sheriffs' offices and their families) that results in the  
          bodily injury to the individual or individuals whose specified  
          information was confidential, is a felony.  (Vehicle Code §§  
          1808.4.)
           
          Existing law provides that the release of such confidential  
          information, for all other persons specified, is a misdemeanor  
          and punishable by a fine of up to $5,000 and/or by up to one  
          year in a county jail.  (Vehicle Code § 1808.45.)

          This bill would add code enforcement officers, parking  
          enforcement officers and non-sworn investigators with the  
          Department of Insurance to those who can request an additional  
          layer of confidentiality from the DMV.
           
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 








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          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          














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          COMMENTS

          1.Need for This Bill

          According to the author:

               Code enforcement officers are responsible for  
               enforcing code compliance, and sometimes drug  
               trafficking and gang-related enforcement efforts in  
               local governments and are frequently required to deal  
               with hostile, non-compliant persons.  Under current  
               law, Code Enforcement Officers are not among the  
               included persons whose DMV information is classified  
               as confidential.  Ironically, if a Code Enforcement  
               Officer is employed under their local police  
               department, their information will fall under the DMV  
               confidentiality requirement.  This puts Code  
               Enforcement Officers at risk and potentially could put  
               the officer and his/her families in danger.

               This bill will extend the option for a Code  
               Enforcement Officer to enroll in the Department of  
               Motor Vehicles (DMV) confidentiality protections,  
               specifically to protect their home addresses.

          2.Background of DMV Confidentiality
           
          Vehicle Code section 1808.4 was added by statute in 1977 to  
          provide confidentiality of home addresses to specified public  
          employees and their families.
           
          In 1989, Vehicle Code section 1808.21 was added to make all  
          residence addresses contained within the Department of Motor  
          Vehicle files confidential.  Vehicle Code section 1808.21(a)  
          states the following:
           
               The residence address in any record of the department  
               is confidential and cannot
               be disclosed to any person except a court, law  
               enforcement agency, or other governmental agency, or as  
               authorized in Section 1808.22 or 1808.23.
           
          This section was further amended in 1994 to allow individuals  








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          under specific circumstances to request that their entire  
          records be suppressed.  Any individual who is the subject of  
          stalking or who is experiencing a threat of death or great  
          bodily injury to his or her person may request their entire  
          record to be suppressed under this section. 
           
          Upon suppression of a record, each request for information about  
          that record has to be authorized by the subject of the record or  
          verified as legitimate by other investigative means by the DMV  
          before the information is released.

          A record is suppressed for a one-year period.  At the end of the  
          one year period, the suppression is continued for a period  
          determined by the department and if the person submits  
          verification acceptable to the department that he or she  
          continues to have reasonable cause to believe that he or she is  
          the subject of stalking or that there exists a threat of death  
          or great bodily injury to his or her person.
           
          DMV has long maintained that all residence addresses are  
          suppressed and only persons authorized by statute can access  
          this information.
           
          Under sections 1808.4 and 1808.6 the home addresses of specific  
          individuals are suppressed and can only be accessed through the  
          Confidential Records Unit of the Department of Motor Vehicles  
          while under section 1808.21, the residence address portion of  
          all individuals' records are suppressed but can be accessed by a  
          court, law enforcement agency, or other governmental agency or  
          other authorized persons. 
                      
          3.  The Department of Motor Vehicles

          There have been a number of bills adding or attempting to add  
          various public employees to the enhanced confidentiality  
          provisions of the Vehicle Code.

          According to a Senate Committee on Public Safety analysis for  
          June 11, 1996 of AB 1941 (Bordonaro):
           
               According to a letter dated June 9, 1995 from the  
               Department of Motor Vehicles concerning related  
               measures initially set for hearing last year (AB 191,  
               AB 688, 








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               AB 1396) on this issue, AB 1941 "is just one of four  
               bills slated for the Criminal Procedure Committee  
               hearing on June 13 which seek to include various  
               professions within the category of confidential records  
               that have historically been reserved for law  
               enforcement personnel.  When names are added to this  
               special category, they cannot be accessed except  
               through a telephone procedure utilized in one  
               particular file security area in the DMV's Sacramento  
               headquarters location.  Currently, we estimate that  
               this file contains close to half a million individual  
               records which must be manually entered and individually  
               retrieved when access is authorized.
                
               The DMV has stated that approximately 1000 requests for  
               confidentiality of home addresses are made each week.   
               The Confidential Records Unit of the DMV consists of 12  
               people and only two of these people review these forms  
               to determine whether the individuals requesting  
               confidentiality are in fact qualified to do so.
                
          According to the DMV, a majority of these requests are granted  
          due to the fact that the DMV restricts the release of the  
          request forms to qualifying agencies and individuals only.  The  
          Confidential Records Unit of the DMV updated "5900 records in  
          May 1995 and only 273 applications were rejected."

          4.  Adding Code Enforcement Officers to Enhanced DMV  
          Confidentiality

          This bill adds Code Enforcement Officers, parking enforcement  
          officers and non-sworn investigators to the Department of  
          Insurance to the provision that suppresses residence information  
          that can only then be accessed by the Confidential Records Unit.  
           In argument for their addiction the Code Enforcement Officers  
          state:

               Senate Bill 372 will definitively provide that Code  
               Enforcement Officers will have their Department of  
               Motor Vehicle Information protected and confidential.  
               Currently, some Code Enforcement Officers are  
               protected and some are no.  For example, in some  
               jurisdictions Code Enforcement Officers are under the  
               aegis of their police agency.  Those Code Enforcement  








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               Officers are protected under current law.  On the  
               other hand, Code Enforcement Officers who make up a  
               free standing agency-which happens in other cities-are  
               not protected.  To further complicate matters, those  
               Code Enforcement Officers whose duties involve parking  
               enforcement are protected, but those whose duties  
               involve slum housing enforcement are not.

               Senate Bill 372 is about more than achievement of  
               statutory, symmetry; the fact is that Code Enforcement  
               Officers face clear and present dangers in the  
               fulfillment of their mission.  Eight Code Enforcement  
               Officers have been murdered in the line of duty,  
               countless Code Enforcement Officers have been the  
               victim of physical assaults, and in an incalculable  
               number have received credible threats aimed either at  
               themselves or at their families.
          
          In spite of the legitimate concerns about the safety of these  
          officers, since a member of the public can never access anyone's  
          information from DMV, is the expansion of those in the  
          additional suppression section, which adds to the workload of  
          DMV, necessary?

          5.  Amendment
          
          The author will take an amendment to add parking enforcement  
          officers and non-sworn investigators with the Department of  
          Insurance to this bill.
                                          


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