BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 1311 Hearing Date: 4/12/2016 ----------------------------------------------------------------- |Author: |Glazer | |----------+------------------------------------------------------| |Version: |April 5, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- SUBJECT: Vehicles: confidential home address DIGEST: This bill requires the DMV to discontinue holding the home address of specified public safety employees confidential if directed to do so by the head of the agency employing that individual. ANALYSIS: Existing law makes every residence address in Department of Motor Vehicle (DMV) records confidential except to a court, government agency or law enforcement agency, as specified. Existing law lists 23 categories of individuals who may also have their residence address in DMV records confidential more generally upon request. Among those categories: 1)Attorney General 2)State Public Defender 3)A member of the Legislature, a board of supervisors, or a city council 4)A judge or court commissioner 5)A district attorney, public defender, or attorney employed by the Department of Justice 6)An active or retired peace officer; a police or sheriff department employee designated by the chief or sheriff as being in a sensitive position; a nonsworn police dispatcher; a nonsworn employee of a city police department, county sheriff's office, the California Highway Patrol, a federal, SB 1311 (Glazer) Page 2 of ? state, or local detention facility, or a local juvenile hall, camp, ranch, or home, as specified Home addresses for spouses and children of these individuals may also be kept confidential. In general, the confidentiality is lifted three years after the termination of employment. Confidentiality may also be lifted if the officer is terminated as the result of a conviction of a criminal offense. This bill requires the DMV to discontinue holding a home address confidential for persons in category six above or their spouse or children, upon receipt of written notification from the sheriff, chief of police, or other head of an employing agency of the employee and a hearing by the DMV where it concurs with the request. COMMENTS: Purpose. The author believes that concealing an individual's home address from inspection in the DMV databases is a necessary protection for people who work in positions that put them in harm's way, such as judges, peace officers, and local elected officials. Public safety is at risk when undeserving individuals have their home address concealed. When a peace officer stops a car and receives incomplete information because the home address is concealed, officer safety is jeopardized. This bill authorizes the head of a law enforcement agency that authorizes the concealment to direct the DMV to discontinue that concealment after a hearing. The problem. This bill is sponsored by the California State Sheriffs' Association, which is concerned that home address confidentiality cannot be discontinued until at least three years have passed from the person's termination of employment, unless that person is convicted of a crime. They believe that certain individuals should not be permitted to continue to enjoy the confidentiality protection if there is inappropriate activity that falls short of a criminal conviction. What happens when a car is pulled over. An officer pulling over a car will run the license plates through the DMV database. If the registered owner has a confidential home address, the officer will see the name of the institution under which the owner qualified for confidentiality (e.g., Sacramento Police Department). According to the sponsor, in some cases that may provide the officer with a false sense of comfort regarding the SB 1311 (Glazer) Page 3 of ? driver, thereby endangering the officer. Potential for abuse. Opponents are concerned that this bill could be abused and that sheriffs or chiefs of police could threaten to take away an officer's address confidentiality for personal or political purposes. An earlier version of the bill gave the sheriffs or chiefs of police sole discretion to revoke the confidentiality. However, recent amendments add a hearing process, wherein the DMV would notify the individual whose confidentiality is proposed to be revoked and hold a hearing, if that individual responds and wishes to contest the request. This bill appears overly broad as it allows a sheriff or chief of police to discontinue the confidentiality for any reason. Moreover, this bill does not establish criteria for the DMV to use in its hearing. The author may wish to consider creating allowable criteria for discontinuing the confidentiality (e.g., the spouse or child is convicted of a crime) and for the DMV to use in its hearing (e.g., the public safety benefit of lifting the confidentiality outweighs the confidentiality benefit to the individual). Double-referral. This bill has also been referred to the Senate Public Safety Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 6, 2016.) SUPPORT: California State Sheriffs' Association (sponsor) California Police Chiefs Association, Inc. OPPOSITION: California Association of Highway Patrolmen (prior version) Peace Officers Research Association of California (prior version) SB 1311 (Glazer) Page 4 of ? -- END --