Senate BillNo. 1311


Introduced by Senator Glazer

February 19, 2016


An act to amend Section 1808.4 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1311, as introduced, Glazer. Vehicles: confidential home address.

Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that following the termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense, as specified.

This bill would require the department, for certain persons and within 30 days, to discontinue holding a home address confidential pursuant to the above provisions if the department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee directing the department to discontinue holding the home address confidential.

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 1808.4 of the Vehicle Code is amended
2to read:

3

1808.4.  

(a) For all of the following persons, his or her home
4address that appears in a record of the department is confidential
5if the person requests the confidentiality of that information:

6(1) Attorney General.

7(2) State Public Defender.

8(3) A Member of the Legislature.

9(4) A judge or court commissioner.

10(5) A district attorney.

11(6) A public defender.

12(7) An attorney employed by the Department of Justice, the
13office of the State Public Defender, or a county office of the district
14attorney or public defender.

15(8) A city attorney and an attorney who submits verification
16from his or her public employer that the attorney represents the
17city in matters that routinely place the attorney in personal contact
18with persons under investigation for, charged with, or convicted
19of, committing criminal acts, if that attorney is employed by a city
20attorney.

21(9) A nonsworn police dispatcher.

22(10) A child abuse investigator or social worker, working in
23child protective services within a social services department.

24(11) An active or retired peace officer, as defined in Chapter
254.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
26 Code.

27(12) An employee of the Department of Corrections and
28Rehabilitation, Division of Juvenile Facilities, or the Prison
29Industry Authority specified in Sections 20403 and 20405 of the
30Government Code.

31(13) A nonsworn employee of a city police department, a county
32sheriff’s office, the Department of the California Highway Patrol,
33a federal, state, or local detention facility, or a local juvenile hall,
34camp, ranch, or home, who submits agency verification that, in
35the normal course of his or her employment, he or she controls or
36supervises inmates or is required to have a prisoner in his or her
37care or custody.

38(14) A county counsel assigned to child abuse cases.

P3    1(15) An investigator employed by the Department of Justice, a
2county district attorney, or a county public defender.

3(16) A member of a city council.

4(17) A member of a board of supervisors.

5(18) A federal prosecutor, criminal investigator, or National
6Park Service Ranger working in this state.

7(19) An active or retired city enforcement officer engaged in
8the enforcement of the Vehicle Code or municipal parking
9ordinances.

10(20) An employee of a trial court.

11(21) A psychiatric social worker employed by a county.

12(22) A police or sheriff department employee designated by the
13Chief of Police of the department or the sheriff of the county as
14being in a sensitive position. A designation pursuant to this
15paragraph shall, for purposes of this section, remain in effect for
16three years subject to additional designations that, for purposes of
17this section, shall remain in effect for additional three-year periods.

18(23) A state employee in one of the following classifications:

19(A) Licensing Registration Examiner, Department of Motor
20Vehicles.

21(B) Motor Carrier Specialist 1, Department of the California
22Highway Patrol.

23(C) Museum Security Officer and Supervising Museum Security
24Officer.

25(D) Licensing Program Analyst, Department of Social Services.

26(24) (A) The spouse or child of a person listed in paragraphs
27(1) to (23), inclusive, regardless of the spouse’s or child’s place
28of residence.

29(B) The surviving spouse or child of a peace officer, as defined
30in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
312 of the Penal Code, if the peace officer died in the line of duty.

32(C) (i) Subparagraphs (A) and (B) shall not apply if the person
33listed in those subparagraphs was convicted of a crime and is on
34active parole or probation.

35(ii) For requests made on or after January 1, 2011, the person
36requesting confidentiality for their spouse or child listed in
37subparagraph (A) or (B) shall declare, at the time of the request
38for confidentiality, whether the spouse or child has been convicted
39of a crime and is on active parole or probation.

P4    1(iii) Neither the listed person’s employer nor the department
2shall be required to verify, or be responsible for verifying, that a
3person listed in subparagraph (A) or (B) was convicted of a crime
4and is on active parole or probation.

5(b) The confidential home address of a person listed in
6subdivision (a) shall not be disclosed, except to any of the
7following:

8(1) A court.

9(2) A law enforcement agency.

10(3) The State Board of Equalization.

11(4) An attorney in a civil or criminal action that demonstrates
12to a court the need for the home address, if the disclosure is made
13pursuant to a subpoena.

14(5) A governmental agency to which, under any provision of
15law, information is required to be furnished from records
16maintained by the department.

17(c) (1) A record of the department containing a confidential
18home address shall be open to public inspection, as provided in
19Section 1808, if the address is completely obliterated or otherwise
20removed from the record.

21(2) Following termination of office or employment, a
22confidential home address shall be withheld from public inspection
23for three years, unless the termination is the result of conviction
24of a criminal offense. If the termination or separation is the result
25of the filing of a criminal complaint, a confidential home address
26shall be withheld from public inspection during the time in which
27the terminated individual may file an appeal from termination,
28while an appeal from termination is ongoing, and until the appeal
29process is exhausted, after which confidentiality shall be at the
30discretion of the employing agency if the termination or separation
31is upheld. Upon reinstatement to an office or employment, the
32protections of this section are available.

33(3) With respect to a retired peace officer, his or her home
34address shall be withheld from public inspection permanently upon
35request of confidentiality at the time the information would
36otherwise be opened. The home address of the surviving spouse
37or child listed in subparagraph (B) of paragraph (24) of subdivision
38(a) shall be withheld from public inspection for three years
39following the death of the peace officer.

begin insert

P5    1(4) Notwithstanding paragraphs (2) and (3), the department
2shall discontinue holding a home address confidential pursuant
3to subdivision (a) if the department receives a written notification
4from the sheriff, chief of police, or other head of an employing
5agency of the employee directing the department to discontinue
6holding the home address confidential. The department shall
7comply with a notification pursuant to this paragraph within 30
8calendar days of receipt of the notification. This paragraph shall
9apply only to the home address of a person specified in paragraph
10(9), (11), (13), or (22) of subdivision (a), or the spouse or child of
11any of those persons.

end insert
begin delete

12(4)

end delete

13begin insert(5)end insert The department shall inform a person who requests a
14confidential home address what agency the individual whose
15address was requested is employed by or the court at which the
16judge or court commissioner presides.

17(d) begin insert(1)end insertbegin insertend insertA violation of subdivision (a) by the disclosure of the
18confidential home address of a peace officer, as specified in
19paragraph (11) of subdivision (a), a nonsworn employee of the
20city police department or county sheriff’s office, or the spouses or
21children of these persons, including, but not limited to, the
22surviving spouse or child listed in subparagraph (B) of paragraph
23(24) of subdivision (a), that results in bodily injury to the peace
24officer, employee of the city police department or county sheriff’s
25office, or the spouses or children of these persons is a felony.

begin insert

26(2) The failure to hold a home address confidential pursuant to
27subdivision (a) for a person whose home address is no longer held
28confidential pursuant to paragraph (4) of subdivision (c) shall not
29be a violation of paragraph (1) provided the date of disclosure
30was after termination of the address withholding.

end insert


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