BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1311|
          |Office of Senate Floor Analyses   |                              |
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                                   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  








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            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  







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          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


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