BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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