BILL NUMBER: AB 1595	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2005
	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   from   posting or  
displaying  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  , or from
soliciting the home address or telephone number of an elected or
appointed official for the purpose of violating these provisions. It
  would limit the liability of an interactive computer
service or access software provider under these provisions  .
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) (1) Except as provided in paragraph (2), 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.  
   (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).  
   (c) No person, business, or association shall do either of the
following:  
   (1) Posting or displaying 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. For this purpose, "publicly post" or "publicly display" means
to intentionally communicate or otherwise make available to the
general public.  
   (2) Solicit the home address or telephone number of an elected or
appointed official for the purpose of violating this section. 

   (d) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.  
   (d) 
    (e)  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) 
    (f)  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.