BILL NUMBER: AB 1595	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act to amend Section 6254.21 of the Government Code, relating
to public officials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1595, as introduced, Evans.   Public official: personal
information.
   Existing law prohibits a state or local agency from posting the
home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of
that individual. Existing law also prohibits a person from knowingly
posting on the Internet the home address or telephone number of an
elected or appointed official or of the official's residing spouse or
child with intent to cause imminent great bodily harm to that
individual.
   This bill would prohibit a person, business, or association from
selling or trading for value on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6254.21 of the  Government Code  is amended to
read:
   6254.21.  (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.(b) No person shall knowingly post the home address or
telephone number of any elected or appointed official, or of the
official's residing spouse or child on the Internet knowing that
person is an elected or appointed official and intending to cause
imminent great bodily harm that is likely to occur or threatening to
cause imminent great bodily harm to that individual. A violation of
this subdivision is a misdemeanor. A violation of this subdivision
that leads to the bodily injury of the official, or his or her
residing spouse or child, is a misdemeanor or a felony.
   (c)  No person, business, or association shall sell or trade
for value on the Internet the home address or telephone number of any
elected or appointed official if that official has made a written
demand of that person, business, or association to not disclose his
or her home address or telephone number. 
    (d)    For purposes of this section "elected or
appointed official" includes, but is not limited to, all of the
following:
   (1) State constitutional officers.
   (2) Members of the Legislature.
   (3) Judges and court commissioners.
   (4) District attorneys.
   (5) Public defenders.
   (6) Members of a city council.
   (7) Members of a board of supervisors.
   (8) Appointees of the Governor.
   (9) Appointees of the Legislature.
   (10) Mayors.
   (11) City attorneys.
   (12) Police chiefs and sheriffs.
   (13) A public safety official as defined in Section 6254.24.
   (d)   
    (e)    Nothing in this section is intended to
preclude punishment instead under Sections 69, 76, or 422 of the
Penal Code, or any other provision of law.