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 ----------------------------------------------------------------- |Policy |Transportation |Vote:|15 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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; SB 1311 Page 2 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 SB 1311 Page 3 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. SB 1311 Page 4 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