Amended in Senate April 26, 2016

Amended in Senate April 5, 2016

Senate Bill No. 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 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. begin insert Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. end insert 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. begin delete Existing law also provides that following the termination of office or employment, a confidential home address shall be withheld from public inspection for 3 years, unless the termination is the result of conviction of a criminal offense, as specified. end delete begin insert Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer. end insert

This bill would require the begin delete department, for certain persons and within a specified period, 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 requesting the department to discontinue holding the home address 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 delete begin insert department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony. 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 1.  

Section 1808.4 of the Vehicle Code is amended
to read:

1808.4.  

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

(1) Attorney General.

(2) State Public Defender.

(3) A Member of the Legislature.

(4) A judge or court commissioner.

(5) A district attorney.

(6) A public defender.

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

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

(9) A nonsworn police dispatcher.

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

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

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

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

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

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

(16) A member of a city council.

(17) A member of a board of supervisors.

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

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

(20) An employee of a trial court.

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

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

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

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

(B) Motor Carrier Specialist I, Department of the California
Highway Patrol.

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

(D) Licensing Program Analyst, begin insert State end insert Department of Social
Services.

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

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

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

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

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

begin insert

(D) The department shall discontinue holding a home address
confidential, pursuant to this subdivision, for a person specified
in subparagraph (A) or (B) who is the child or spouse of a person
described in paragraph (9), (11), (13), or (22) if the child or spouse
is convicted of a felony in this state or is convicted of an offense
in another jurisdiction that, if committed in California, would be
a felony.

end insert

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

(1) A court.

(2) A law enforcement agency.

(3) The State Board of Equalization.

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

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

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

(2) Following 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. If the termination or separation is the result
of the filing of a criminal complaint, a confidential home address
shall be withheld from public inspection during the time in which
the terminated individual may file an appeal from termination,
while an appeal from termination is ongoing, and until the appeal
process is exhausted, after which confidentiality shall be at the
discretion of the employing agency if the termination or separation
is upheld. Upon reinstatement to an office or employment, the
protections of this section are available.

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

begin delete

(4) (A) Notwithstanding paragraphs (2) and (3), the department
shall discontinue holding a home address confidential pursuant to
subdivision (a) if both of the following are met:

(i) The department receives a written notification from the
sheriff, chief of police, or other head of an employing agency of
the employee requesting the department to discontinue holding
the home address confidential.

(ii) The department agrees that holding the home address
confidential should be discontinued at the conclusion of a hearing
wherein the requesting entity, the person that is the subject of the
request, and the employee described in subparagraph (E) if the
subject of the request is the spouse or child of that employee may
provide arguments and information in support of, or in opposition
to, the request.

(B) The department shall notify the subject of a request made
pursuant to subparagraph (A) within 30 calendar days of receipt
of the request and shall make all reasonable efforts to ensure the
subject of the request is contacted.

(C) A hearing described in subparagraph (A) is not required to
be held if the subject of the request does not respond to the
notification by the department or does not wish to contest the
request.

(D) If the department agrees that holding the home address
confidential should be discontinued pursuant to subparagraph (A),
the department shall discontinue holding the home address
confidential as soon as possible, but in no case later than 30
calendar days upon the conclusion of the hearing.

(E) This paragraph shall apply only to the home address of a
person specified in paragraph (9), (11), (13), or (22) of subdivision
(a) or the spouse or child of any of those persons.

(5)

end delete

begin insert (4) end insert  The department shall inform a person who requests a
confidential home address what agency the individual whose
address was requested is employed by or the court at which the
judge or court commissioner presides.

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

begin delete

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

end delete