BILL NUMBER: AB 1595	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  SEPTEMBER 1, 2005
	PASSED THE SENATE  AUGUST 31, 2005
	AMENDED IN SENATE  AUGUST 25, 2005
	AMENDED IN SENATE  AUGUST 16, 2005
	AMENDED IN SENATE  JUNE 30, 2005
	AMENDED IN SENATE  JUNE 23, 2005
	AMENDED IN ASSEMBLY  MAY 16, 2005

INTRODUCED BY   Assembly Members Evans and Spitzer
   (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, 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
publicly posting or publicly 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, selling, or trading on the Internet the
home address or telephone number of an elected or appointed official
with the intent to cause bodily harm to the official or to any person
residing at the official's home address.  It would provide various
remedies for violation of 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
appointees of the President.


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) No person, business, or association shall publicly post or
publicly display 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. A written
demand made under this paragraph by a state constitutional officer, a
mayor, or a Member of the Legislature, a city council, or a board of
supervisors shall include a statement describing a threat or fear
for the safety of that official or of any person residing at the
official's home address. A written demand made under this paragraph
by an elected official shall be effective for four years, regardless
of whether or not the official's term has expired prior to the end of
the four-year period. For this purpose, "publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
   (2) An official whose home address or telephone number is made
public as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a jury or court finds that a violation has
occurred, it may grant injunctive or declarative relief and shall
award the official court costs and reasonable attorney's fees.
   (d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
   (2) Notwithstanding any other provision of law, an official whose
home address or telephone number is solicited, sold, or traded in
violation of paragraph (1) may bring an action in any court of
competent jurisdiction. If a jury or court finds that a violation has
occurred, it shall award damages to that official in an amount up to
a maximum of three times the actual damages but in no case less than
four thousand dollars ($4,000).
   (e) 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.
   (f) 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 and appointees of the
President.
   (g) 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.