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
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          |Author:   |Glazer                                                |
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          |Version:  |April 5, 2016                                         |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Randy Chinn                                           |
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          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,  







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            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  








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          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)










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