BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1311| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1311 Author: Glazer (D) Amended: 5/17/16 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/12/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/19/16 AYES: Hancock, Glazer, Leno, Liu, Monning NOES: Anderson NO VOTE RECORDED: Stone SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Vehicles: confidential home address SOURCE: California State Sheriffs Association DIGEST: This bill requires the Department of Motor Vehicle (DMV) to discontinue holding the home address of the child or spouse of a specified public safety employee confidential if the child or spouse is convicted of a felony in California or a crime in another state that would be a felony in California. ANALYSIS: Existing law: 1)Makes every residence address in DMV records confidential except to a court, government agency, or law enforcement SB 1311 Page 2 agency, as specified. 2)Lists 23 categories of individuals who may also have their residence address in DMV records confidential more generally upon request. Among those categories: a) Attorney General b) State Public Defender c) A member of the Legislature, a board of supervisors, or a city council d) A judge or court commissioner e) A district attorney, public defender, or attorney employed by the Department of Justice f) 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, 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 the spouse or children of persons in subdivision (f) above if the child or spouse is convicted of a felony in California or a crime in another state that would be a felony in California. The DMV will comply upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person. Comments Author's statement. 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 SB 1311 Page 3 because the home address is concealed, officer safety is jeopardized, according to the author. 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, that may provide the officer with a false sense of comfort regarding the driver, thereby endangering the officer. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified5/16/16) California State Sheriffs' Association (source) California Police Chiefs Association Inc. OPPOSITION: (Verified5/16/16) None received Prepared by:Randy Chinn / T. & H. / (916) 651-4121 5/18/16 16:28:05 **** END **** SB 1311 Page 4