BILL NUMBER: AB 1595	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 16, 2005

INTRODUCED BY   Assembly Member Evans
    (   Coauthor:   Senator   Dunn
  ) 

                        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 amended, 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  ,
subject to specified exceptions,  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.  This bill also would
add to the list of elected or appointed officials covered by all of
the foregoing provisions state administrative law judges, federal
judges, and federal defenders, members of the United States Congress
and the United States Senate, and appointees of the President. 

   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   (1)     Except as provided
in paragraph (2), no person, busi   ness, 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.  
   (2) This subdivision shall not apply to any of the following:
 
   (A) A provider of health care, health care service plan, or
contractor subject to the Confidentiality of Medical Information Act
(Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code).  
   (B) A financial institution as defined in Section 4052 of the
Financial Code and subject to the California Financial Information
Privacy Act (Division 1.2 (commencing with Section 4050) of the
Financial Code).  
   (C) A covered entity governed by the medical privacy and security
rules issued by the United States Department of Health and Human
Services, Parts 160 and 164 of Title 45 of the Code of Federal
Regulations, established pursuant to the Health Insurance Portability
and Availability Act of 1996 (HIPAA). 
   (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.  

   (14) State administrative law judges.  
   (15) Federal judges and federal defenders.  
   (16) Members of the United States Congress, United States Senate,
and appointees of the President. 
   (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.