BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1311|
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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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