BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1595
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1595 (Evans)
          As Introduced February 22, 2005
          Majority vote 

           PUBLIC SAFETY       6-0                                         
           
           -------------------------------- 
          |Ayes:|Leno, La Suer, Cohn,      |
          |     |Dymally, Goldberg,        |
          |     |Spitzer                   |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Prohibits any 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.  

           EXISTING LAW  :

          1)States that 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. 

          2)States that 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 an alternate felony/misdemeanor. 

          3)Provides that any person who, with apparent ability and  
            intention to carry out the threat, threatens to kill or cause  
            serious bodily injury to any elected official, county public  
            defender, county clerk, exempt Governor's appointee, judge,  
            Deputy Commissioner of the Board of Prison Terms, or the staff  
            or a family member of such officials, is guilty of an  








                                                                  AB 1595
                                                                  Page  2


            alternate felony/misdemeanor. 

          4)Requires public records to be open to inspection at all times  
            during the office hours of a state or local agency and affords  
            every person the right to inspect any public record, except as  
            specifically provided.  

          5)Defines "public record" to include any writing containing  
            information relating to the conduct of the public's business  
            prepared, owned, used, or retained by any state or local  
            agency regardless of physical form or characteristics. 

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, "Californians deserve having  
          the finest individuals serve in government and as public safety  
          officers.  Those who serve their fellow citizens should be able  
          to work with the confidence that they and their families are not  
          vulnerable to attacks at home because of their occupations."

          "Any person with access to the Internet can find the home  
          addresses of police officers, prosecutors, public defenders,  
          judges and other public safety officials with the push of a  
          button.  To help keep this information from the hands of  
          criminals or aggrieved individuals seeking revenge, this bill  
          would help government and public safety officials keep their  
          personal home addresses and phone numbers private."

          Please see the policy committee analysis for full discussion of  
          this bill.
           

          Analysis Prepared by  :    Steven Meinrath / PUB. S. / (916)  
          319-3744 


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