BILL ANALYSIS Ó
SB 1311
Page 1
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1311
(Glazer) - As Amended May 17, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Department of Motor Vehicles (DMV) to
discontinue holding a home address confidential for a child or
spouse of specified persons if the child or spouse is convicted
of a felony. Specifically, this bill:
1)Requires the DMV to discontinue holding a home address
confidential for a child or a spouse of the following persons
if the child or spouse is convicted of a felony:
a) A non-sworn police dispatcher;
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b) An active or retired peace officer;
c) A non-sworn employee of a city police department, a
county sheriff's office, the CHP, or a detention facility
who controls or supervises inmates or is required to have a
prisoner in his or her care or custody.
d) A police or sheriff department employee designated as
being in a sensitive position.
1)Requires the DMV to comply with (1) upon receiving notice of a
disqualifying conviction from the agency that employs, or
formerly employed, the parent or spouse of the convicted
person, or as soon as DMV otherwise becomes aware of the
disqualifying conviction.
FISCAL EFFECT:
Any costs to the DMV would be minor and absorbable.
COMMENTS:
1)Background. Until 1989, DMV records were considered public
records, unless state law specifically made them confidential,
as was the case for peace officers' addresses. Therefore,
until 1989, home addresses were not considered confidential,
and any person who gave a reason that DMV deemed legitimate,
and could present to DMV a person's driver's license number or
license plate number, could obtain address information on that
individual. In 1989, actress Rebecca Schaeffer was stalked and
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killed. The murderer obtained her address from a private
investigation agency doing business in Arizona. The private
investigation agency acquired her address through a
subcontractor agent in California, who obtained it from DMV.
In response, the Legislature enacted AB 1779 (Roos)/Chapter
1213 of 1989, which made home addresses in DMV records
confidential, with specified exceptions.
Under current law, 23 classes of persons, primarily those in
law enforcement fields, plus the spouses and children of those
persons, may request that their home addresses be held
confidential by DMV. The home address of these persons may
only be disclosed to a court, a law enforcement agency, the
state Board of Equalization (BOE), or any governmental agency
legally required to be furnished that information. For all
other individuals, home addresses contained within DMV records
are confidential, and may only be disclosed with the same
exceptions as for the 23 classes above, plus limited
disclosure for financial institutions, insurance companies,
attorneys, vehicle manufacturers, and persons doing
statistical research.
2)Purpose. According to the California State Sheriff's
Association (sponsor), the confidentiality provisions relating
to the designated protected classes extend to when a law
enforcement officer queries DMV databases for information by
running a person's license plate. In the case of a child or
spouse of a person whose address is held confidential, the
result that appears when the DMV database is queried displays
the address of the agency with whom the eligible person is
employed. For example, when running the license plate of a
child of an officer of the Sacramento Police Department, the
address that appears with the license plate record is the
address of the Department. According to the Sheriff's
Association, this can result in incomplete information and a
false sense of security for officers when the person whose
information is shielded has a felony record and may be
dangerous.
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By removing the confidentiality protections for peace
officers' children and spouses of who are convicted of
felonies upon notification to the DMV of the disqualifying
conviction, the author intends to enhance the safety of law
enforcement in already dangerous situations, such as traffic
stops and pursuits.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081