BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1311       Hearing Date:    April 19, 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:|MK                                                   |
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                   Subject:  Vehicles:  Confidential Home Address



          HISTORY

          Source:   California State Sheriffs' Association

          Prior Legislation:SB 372 (Galgiani) 2015 this version held in  
          Senate Appropriations
                         SB 767 (Lieu) (as amended in the Assembly) failed  
          Assembly 
                         Transportation, 2014
                         AB 2687 (Bocanegra) - Ch. 273, Stats. 2014
                           AB 1270 (Eggman) - failed Assembly  
          Appropriations, 2013
                           AB 923 (Swanson) - failed Assembly  
          Appropriations, 2009
                           AB 529 (Lowenthal) - failed Assembly  
          Appropriations, 2009
                           AB 1958 (Swanson) - failed Assembly  
          Appropriations, 2008
                           AB 1311 (Berryhill) - not heard Assembly  
          Transportation, 2007
                           AB 1706 (Strickland) - failed Assembly  
          Transportation, 2005
                           AB 2012 (Chu) - section amended out of the  
          bill, 2004
                           AB 130 (Campbell) - not heard Assembly  







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          Transportation, 2003
                           AB 246 (Cox) - not heard Assembly  
          Transportation, 2003
                           AB 1775 (Ortiz) - no vote in Senate Public  
          Safety, 2002
                           AB 84 (Hertzberg) - Ch. 809, Stats. 2001
                           AB 1029 (Oropeza) - Ch. 486, Stats. 2001
                                      AB 151 (Longville) - vetoed, 2000
                                      AB 298 (Battin) - held in Assembly  
          Transportation, 2000
                                      AB 1310 (Granlund) - vetoed, 2000
                                             AB 1358 (Shelley) - Ch. 808,  
          Stats. 2000
                                              AB 1864 (Correa) - held  
          Assembly Appropriations, 2000
                                              SB 171 (Knight) - vetoed,  
          1998
                                            AB 1941 (Bordonaro) - Ch. 880,  
          Stats. 1996
                                            AB 191(Cannella) - died in  
          Sen. Committee on Criminal Procedure, 1996
                                            AB 3033 (Baca) - died in Sen.  
          Committee on Criminal Procedure, 1996
                                      AB 3391 (Ducheny) - never heard,  
          1996
                                             AB 688 (Frusetta) - died in  
          Sen. Committee on Criminal Procedure, 1996
                                             AB 1396 (Poochigian) - died  
          in Sen. Committee on Criminal Procedure,                          
            
                                             1996
                         

          Support:  Unknown

          Opposition:None known
          NOTE: Analysis reflects amendments the author agreed to accept  
          in the Transportation
                and Housing Committee which will be taken in this  
                Committee.                                        
                                                      
          PURPOSE

          The purpose of this bill is to provides that DMV shall  








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          discontinue holding a home address under the enhanced  
          confidentiality provision if a child or spouse of a person of  
          someone eligible for enhanced confidentiality 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.
          
          Under existing law the residential addresses of certain public  
          employees and their families are confidential.  (Vehicle Code §§  
          1808.4 and 1808.6 - began in 1977.)

          Existing law states that all residence addresses in any record  
          of the Department of Motor Vehicles (DMV) are confidential and  
          shall not be disclosed to any person, except a court, law  
          enforcement agency, or other governmental agency, or as  
          authorized in section 1808.22 of the Vehicle Code.  (Vehicle  
          Code §§ 1808.21 - added in 1989.)
           
          Existing law states that any person may seek suppression of any  
          DMV registration or driver's license record if he or she can  
          show that he or she is the subject of stalking or a threat of  
          death or great bodily injury.  The suppression will be for a  
          period of one year renewable for two more one year periods.   
          (Vehicle Code § 1808.21(d).)
           
          Existing law provides that the home address of specified persons  
          which appear in the records of DMV is confidential upon the  
          request of the person and that it not be disclosed except as  
          specified.  (Vehicle Code §§ 1808.4 and 1808.6.)

          Existing law provides that the willful, unauthorized disclosure  
          of this information as it relates to specified law enforcement  
          (peace officers, employees of city police departments, and  
          county sheriffs' offices and their families) that results in the  
          bodily injury to the individual or individuals whose specified  
          information was confidential, is a felony.  (Vehicle Code §§  
          1808.4.)
           
          Existing law provides that the release of such confidential  
          information, for all other persons specified, is a misdemeanor  
          and punishable by a fine of up to $5,000 and/or by up to one  
          year in a county jail.  (Vehicle Code § 1808.45.)

          This bill provides that DMV shall discontinue holding a home  
          address under the enhanced confidentiality provision if a child  








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          or spouse of a person of someone eligible for enhanced  
          confidentiality 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.


          COMMENTS

          1. Need for This Bill
          
          According to the author:

               Vehicle Code Section 1808.4 allows persons who fall  
               into certain statutorily designated employment classes  
               (e.g. judges, public sector attorneys, peace officers,  
               and local elected officials) to have their home  
               addresses shielded from inspection, including when a  
               peace officer queries DMV databases for information by  
               running a person's license plate. In addition to the  
               persons who hold the specific jobs referenced in  
               statute, the protection extends to their spouse or  
               child, regardless of where the spouse or child resides.

               While this protection is necessary for people who work  
               in positions that put them in harm's way, it is too  
               difficult to remove this status - even in situations  
               where public safety may be at risk. When a peace  
               officer stops a car and receives incomplete information  
               or information that provides a false sense of security,  
               officer safety is jeopardized. Despite their authority  
               to authorize confidentiality, law enforcement agencies  
               are unable to rescind this status.

               Home address license plate confidentiality cannot be  
               discontinued until at least three years have passed  
               from the person's termination of employment that  
               originally qualified him or her for this status, unless  
               the person is convicted of a crime. This problem is  
               exacerbated by the fact that the program covers  
               children and spouses of protected officers. 

               Certain individuals should not be permitted to continue  
               to enjoy this protection for as long as current law  
               allows because of inappropriate activity that falls  








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               short of a criminal conviction.

          2.  Background of DMV Confidentiality
           
          Vehicle Code section 1808.4 was added by statute in 1977 to  
          provide confidentiality of home addresses to specified public  
          employees and their families.
           
          In 1989, Vehicle Code section 1808.21 was added to make all  
          residence addresses contained within the Department of Motor  
          Vehicle files confidential.  Vehicle Code section 1808.21(a)  
          states the following:
           
               The residence address in any record of the department  
               is confidential and cannot
               be disclosed to any person except a court, law  
               enforcement agency, or other governmental agency, or as  
               authorized in Section 1808.22 or 1808.23.
           
          This section was further amended in 1994 to allow individuals  
          under specific circumstances to request that their entire  
          records be suppressed.  Any individual who is the subject of  
          stalking or who is experiencing a threat of death or great  
          bodily injury to his or her person may request their entire  
          record to be suppressed under this section. 
           
          Upon suppression of a record, each request for information about  
          that record has to be authorized by the subject of the record or  
          verified as legitimate by other investigative means by the DMV  
          before the information is released.

          A record is suppressed for a one-year period.  At the end of the  
          one year period, the suppression is continued for a period  
          determined by the department and if the person submits  
          verification acceptable to the department that he or she  
          continues to have reasonable cause to believe that he or she is  
          the subject of stalking or that there exists a threat of death  
          or great bodily injury to his or her person.
           
          DMV has long maintained that all residence addresses are  
          suppressed and only persons authorized by statute can access  
          this information.
           
          Under sections 1808.4 and 1808.6 the home addresses of specific  








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          individuals are suppressed and can only be accessed through the  
          Confidential Records Unit of the Department of Motor Vehicles  
          while under section 1808.21, the residence address portion of  
          all individuals' records are suppressed but can be accessed by a  
          court, law enforcement agency, or other governmental agency or  
          other authorized persons. 

          3.  Removal from enhanced confidentiality if a felony is  
          committed
          
          As noted above, while everyone's DMV information is confidential  
          there are some categories of people who receive enhanced  
          confidentiality.  This additional confidentiality extends to the  
          qualified person's spouse and child and there is no current  
          mechanism to remove the spouse or child for any reason.

          As proposed to be amended, by amendments agreed upon in the  
          Transportation and Housing Committee, this bill provides that  
          DMV shall discontinue the enhanced confidentiality of the child  
          or spouse of a qualified person if that child or spouse is  
          convicted of a felony.

          4.  Support
          
          According to the sponsor the California Sheriffs' Association:

                Existing law, Vehicle Code Section 1808.4, provides  
               specific home address confidentiality for records held  
               by the DMV. Even though all DMV records are now  
               confidential, Section 1808.4 allows persons who fall  
               into certain statutorily designated employment classes  
               (e.g. judges, public attorneys, peace officers, and  
               local elected officials) to have their home addresses  
               shielded from inspection, including when a peace  
               officer queries DMV databases for information by  
               running a person's license plate. In addition to the  
               persons who hold the specific jobs referenced in VC  
               1808.4, the protection extends to any such officer's  
               spouse or child, regardless of where the spouse or  
               child resides. 

               While this protection is necessary for certain people  
               who work in positions that put them in harm's way,  
               there are limited ways to end this protection. An  








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               officer or law enforcement employee's child or spouse  
               who is convicted of a felony should not continue to  
               receive this protection, and SB 1311 makes this change.  
               As proposed to be amended, the bill comports with  
               existing provisions that end or prevent this special  
               protection if an officer is terminated because of a  
               criminal conviction or a family member is on active  
               parole or probation.

          6.   Amendments to be Taken in Committee
          
          The following amendments will be taken in Committee, as agreed  
          upon in the Transportation and Housing Committee:

                 Delete page 5 lines 1-11 and lines 26- 30
                 Insert on page 4 line 5:
               (D) The department shall discontinue holding a home address  
               confidential pursuant to subdivision (a) if 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) 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. 


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