SB 1311, as amended, 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 forbegin delete threeend deletebegin insert 3end insert
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 withinbegin delete 30 days,end deletebegin insert a specified period,end insert 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 employeebegin delete directingend deletebegin insert requestingend insert the department to discontinue holding the home addressbegin delete confidential.end deletebegin insert
confidential and the department agrees that holding the home address confidential should be discontinued at the conclusion of a hearing, unless the hearing is excepted, as specified. The bill would require the department to notify the subject of the request within 30 days of receipt of the request, as specified.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1808.4 of the Vehicle Code is amended
2to read:
(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,
P3 1a federal, state, or local detention facility, or a local juvenile hall,
2camp, ranch, or home, who submits agency verification that, in
3the normal course of his or her employment, he or she controls or
4supervises inmates or is required to have a prisoner in his or her
5care or custody.
6(14) A county counsel assigned to child abuse cases.
7(15) An investigator employed by the Department of Justice, a
8county district attorney, or a county public defender.
9(16) A member of a city council.
10(17) A member of a board of supervisors.
11(18) A federal prosecutor, criminal investigator, or National
12Park Service Ranger working in this state.
13(19) An active or retired city enforcement officer engaged in
14the enforcement of the Vehicle Code or municipal parking
15ordinances.
16(20) An employee of a trial court.
17(21) A psychiatric social worker employed by a county.
18(22) A police or sheriff department employee designated by the
19begin delete Chiefend deletebegin insert chiefend insert ofbegin delete Policeend deletebegin insert policeend insert of the department or the sheriff of the
20county as being in a sensitive position. A designation pursuant to
21this paragraph shall, for purposes of this section, remain in effect
22for three years subject to additional designations that, for purposes
23of this section, shall remain in effect for additional three-year
24periods.
25(23) A state employee in one of the following classifications:
26(A) begin deleteLicensing Registration end deletebegin insertLicensing-Registration end insertExaminer,
27Department of Motor Vehicles.
28(B) Motor Carrier Specialistbegin delete 1,end deletebegin insert I,end insert Department of the California
29Highway Patrol.
30(C) Museum Security Officer and Supervising Museum Security
31Officer.
32(D) Licensing Program Analyst, Department of Social Services.
33(24) (A) The spouse or child of a person listed in paragraphs
34(1) to (23), inclusive, regardless of the spouse’s or child’s place
35of residence.
36(B) The surviving spouse or child of a peace officer, as defined
37in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
382 of the Penal Code, if the peace officer died in the line of duty.
P4 1(C) (i) Subparagraphs (A) and (B) shall not apply if the person
2listed in those subparagraphs was convicted of a crime and is on
3active parole or probation.
4(ii) For requests made on or after January 1, 2011, the person
5requesting
confidentiality for their spouse or child listed in
6subparagraph (A) or (B) shall declare, at the time of the request
7for confidentiality, whether the spouse or child has been convicted
8of a crime and is on active parole or probation.
9(iii) Neither the listed person’s employer nor the department
10shall be required to verify, or be responsible for verifying, that a
11person listed in subparagraph (A) or (B) was convicted of a crime
12and is on active parole or probation.
13(b) The confidential home address of a person listed in
14subdivision (a) shall not be disclosed, except to any of the
15following:
16(1) A court.
17(2) A law enforcement agency.
18(3) The State Board of Equalization.
19(4) An attorney in a civil or criminal action that demonstrates
20to a court the need for the home address, if the disclosure is made
21pursuant to a subpoena.
22(5) A governmental agency to which, under any provision of
23law, information is required to be furnished from records
24maintained by the department.
25(c) (1) A record of the department containing a confidential
26home address shall be open to public inspection, as provided in
27Section 1808, if the address is completely obliterated or otherwise
28removed from the record.
29(2) Following termination
of office or employment, a
30confidential home address shall be withheld from public inspection
31for three years, unless the termination is the result of conviction
32of a criminal offense. If the termination or separation is the result
33of the filing of a criminal complaint, a confidential home address
34shall be withheld from public inspection during the time in which
35the terminated individual may file an appeal from termination,
36while an appeal from termination is ongoing, and until the appeal
37process is exhausted, after which confidentiality shall be at the
38discretion of the employing agency if the termination or separation
39is upheld. Upon reinstatement to an office or employment, the
40protections of this section are available.
P5 1(3) With respect to a retired peace officer, his or her home
2address shall be withheld from public inspection permanently
upon
3request of confidentiality at the time the information would
4otherwise be opened. The home address of the surviving spouse
5or child listed in subparagraph (B) of paragraph (24) of subdivision
6(a) shall be withheld from public inspection for three years
7following the death of the peace officer.
8(4) begin insert(A)end insertbegin insert end insertNotwithstanding paragraphs (2) and (3), the department
9shall discontinue holding a home address confidential pursuant to
10subdivision (a) ifbegin delete theend deletebegin insert both of the following are met:end insert
begin insert end insert
11begin insert(i)end insertbegin insert end insertbegin insertTheend insert department receives a written notification from the
12 sheriff, chief of police, or other head of an employing agency of
13the employeebegin delete directingend deletebegin insert requestingend insert the department to discontinue
14holding the home address confidential.begin delete The departmentend delete
15
begin insert(ii)end insertbegin insert end insertbegin insertThe department agrees that holding the home address
16confidential should be discontinued at the conclusion of a hearing
17wherein the requesting entity, the person that is the subject of the
18request, and the employee described in subparagraph (E) if the
19subject of the request is the spouse or child of that employee may
20provide arguments and information in support of, or in opposition
21to, the request.end insert
22begin insert(B)end insertbegin insert end insertbegin insertThe departmentend insert shallbegin delete comply with a notification pursuant begin insert
notify the subject of a request made pursuant to
23to this paragraphend delete
24subparagraph (A)end insert
within 30 calendar days of receipt of the
25
begin delete notification. Thisend deletebegin insert request and shall make all reasonable efforts to
26ensure the subject of the request is contacted.end insert
27
(C) A hearing described in subparagraph (A) is not required
28to be held if the subject of the request does not respond to the
29notification by the department or does not wish to contest the
30request.
31
(D) If the department agrees that holding the home address
32confidential should be discontinued pursuant to subparagraph
33(A), the
department shall discontinue holding the home address
34confidential as soon as possible, but in no case later than 30
35calendar days upon the conclusion of the hearing.
begin insert end insert
36begin insert(E)end insertbegin insert end insertbegin insertThisend insert paragraph shall apply only to the home address of a
37person specified in paragraph (9), (11), (13), or (22) of subdivision
38begin delete (a),end deletebegin insert (a)end insert or the spouse or child of any of those persons.
39(5) The department shall inform a person who requests a
40confidential home address what agency the individual whose
P6 1address was requested is employed by or the court at which the
2judge or court commissioner presides.
3(d) (1) A violation of subdivision (a) by the disclosure of the
4confidential home address of a peace officer, as specified in
5paragraph (11) of subdivision (a), a nonsworn employee of the
6city police department or county sheriff’s office, or the spouses or
7children of these persons, including, but not limited to, the
8surviving spouse or child listed in subparagraph (B) of paragraph
9(24) of subdivision (a), that results in bodily injury to the peace
10officer, employee of the city police department or county sheriff’s
11office, or the spouses or children of these persons is a felony.
12(2) The failure to hold a home address confidential pursuant to
13subdivision (a) for a person whose home address is no longer held
14confidential pursuant to paragraph (4) of subdivision (c) shall not
15be a violation of paragraph (1) provided the date of disclosure was
16after termination of the address withholding.
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