BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 1595 (Evans) 5
As Amended June 30, 2005
Hearing date: July 12, 2005
Government Code
MK:mc
PUBLIC OFFICIAL: PERSONAL INFORMATION
HISTORY
Source: Judge Jim Brandlin, Los Angeles Superior Court
Prior Legislation: AB 2905 (Spitzer) - Chapter 248, Stats. 2004
AB 2238 (Dickerson) - Chapter 621, Stats. 2002
Support: California Alliance for Consumer Protection; California
Judges Association; Judicial Council; California Public
Defenders Association; California State Sheriffs'
Association; Los Angeles County District Attorney's
Office; Los Angeles County Police Chiefs' Association;
Los Angeles County Sheriff's Department; Peace Officers
Research Association of California; San Bernardino
County; Whittier Police Department; The California
Association of Highway Patrolmen; Office of the
Attorney General
Opposition:None known
Assembly Floor Vote: Ayes 75 - Noes 3
( NOTE : THIS ANALYSIS REFLECTS AUTHOR'S AMENDMENTS TO BE OFFERED
IN COMMITTEE.
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KEY ISSUES
SHOULD THE EXISTING PROHIBITION AGAINST A STATE OR LOCAL AGENCY
POSTING THE HOME ADDRESS OR TELEPHONE NUMBER OF ANY ELECTED OR
APPOINTED OFFICIAL BE EXPANDED TO INCLUDE ADDITIONAL SPECIFIED
OFFICIALS?
(CONTINUED)
SHOULD THE EXISTING CRIME AGAINST A PERSON KNOWINGLY POSTING THE
HOME ADDRESS OR TELEPHONE NUMBER OF ANY ELECTED OR APPOINTED
OFFICIAL INTENDING TO CAUSE IMMINENT BODILY HARM THAT IS LIKELY TO
OCCUR BE EXPANDED TO INCLUDE ADDITIONAL SPECIFIED OFFICIALS?
SHOULD THE LAW PROVIDE THAT NO PERSON, BUISNESS OR ASSOCIATION SHALL
PUBLICLY POST OR PUBLICLY DISPLAY ON THE INTERNET THE HOME ADDRESS
OF AN ELECTED OR APPOINTED OFFICIAL IF THE OFFICIAL HAS MADE A
WRITTEN DEMAND THAT THE ADDRESS NOT BE DISCLOSED?
SHOULD THE LAW PROVIDE THAT NO PERSON, BUSINESS, OR ASSOCIATION
SHALL SOLICIT, SELL OR TRADE ON THE INTERNET THE HOME ADDRESS OR
TELEPHONE NUMBER OF AN ELECTED OFFICIAL WITH THE INTENT TO CAUSE
BODILY HARM TO THE OFFICIAL OR OTHER PERSONS RESIDING AT THE SAME
ADDRESS?
PURPOSE
The purpose of this bill is to prohibit the posting of home
addresses or phone numbers of public officials on the internet
if the official has requested that his or her information be
removed.
Existing law , the Public Records Act (PRA), provides that all
records of state and local agencies are open and the public has
the right to inspect those records under specified conditions.
The PRA exempts specified records, and other provisions of law
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exempt specified records from the PRA requirement of open
records. (Government Code 6250 et seq.)
Existing law prohibits a state or local agency from posting on
the Internet the home address or telephone number of any elected
or appointed official without first obtaining the written
permission of the elected official. (Government Code
6254.21(a).)
Existing law makes it a misdemeanor for a person to knowingly
post on the Internet the home address or telephone number of any
elected or appointed official, his or her spouse or child,
knowing that the information concerns 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 that leads to
bodily injury of the official, his or her spouse or child, is
prosecutable as a wobbler. (Government Code 6254.21(b).)
This bill would prohibit a person, business or association shall
publicly post or publicly display on the Internet the home
address or telephone number of an elected or appointed official,
if that official has made a written demand that the home address
or telephone number not be disclosed.
This bill provides that specified elected officials must include
in their written demand a statement describing the threat or
fear for their safety.
This bill provides that an elected or appointed official whose
home address and or telephone number was made public in
violation of this subdivision is entitled to injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction. The court shall award court costs and reasonable
attorney fees to the elected or appointed official should the
elected or appointed official prevail in litigation filed
pursuant to this subdivision.
This bill provides that no person, business or association shall
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solicit, sell or trade on the Internet the home address or
telephone number of an elected or appointed public official with
the intent to cause bodily harm to the official and or other
persons residing at the same address. The elected or appointed
official may bring an action seeking civil penalties not to
exceed $10,000 if the official's home address and or telephone
number was solicited sold or traded.
This bill would immunize an interactive computer service or
access software provider from liability for violations of the
prohibitions against posting or display or against soliciting
for posting or display of an elected or appointed official's
home address or telephone number unless the service or access
provider intends to abet or to cause imminent great bodily harm
that is likely to occur or threatens to cause imminent great
bodily harm to an elected or appointed official.
Existing law enumerates a list of elected and appointed
officials who are protected by the prohibition against the
posting of the official's home address and telephone number on
the Internet. (Government Code 6254.21(c).)
This bill would add to this list state administrative law
judges, federal judges and federal defenders, and members of the
United States Congress, and appointees of the President.
COMMENTS
1. Need for This Bill
According to the author:
This bill originated in the January 2004 findings of the
Public Safety Officials' Home Protection Advisory Task
Force. This report identification various strategies
through which this goal could be advanced. AB 1595 is
grounded in recommendation 15 of the report which
stipulates, "Legislation needs to be enacted to prohibit
any person, business or association from commercially
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posting a public safety official's home address and
telephone number on the Internet after receiving a
written confidentiality request."
A sample of newspaper headlines and websites show that
the threat to elected and public safety officials is
very real. In April 2004, a disgruntled individual
posted the home addresses and other personal information
of hundreds of California police officers and
prosecutors on the Internet. In March 1999, Los Angeles
Superior Court Commissioner and his wife were murdered
by a gunman waiting inside their home. In March 1998, a
disgruntled arrestee in Los Angeles created a website
entitled killercop.com that advertised a reward for the
home address and photos of two specific arresting
officers. These examples are just the tip of the
iceberg.
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
confidence that they and their families are not
vulnerable to an attack at home because of their
occupation.
Anyone with internet access can find the home address
and telephone numbers of public safety and elected
officials. Those who serve their fellow citizens should
be able to do so without their families at home becoming
the target of intimidation or an attack. Sadly this
threat is very real. To help keep this information in
the hands of criminals or aggrieved individuals seeking
revenge, AB 1595 would help government and public safety
official keep their personal home address and phone
number private.
The 6/23 amendments were crafted with remaining
opposition to address its concerns while preserving the
intent of the bill. The approach is borrowed from
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existing law. SB 168 (Bowen) concerning the
confidentiality of Social Security Numbers. With these
amendments, AB 1595 does not pre-empt bona fide commerce
while it provides protective safeguards concerning the
public posting on the Internet of the personal private
information of relevance to this bill.
Under 6/23 amendments, the bill exempts interactive
service computer and access software providers, as
defined, except under circumstances where such entities
intend to abet or cause harm to an elected or appointed
official. This amendment wrests on the logic that these
entities provide means through which information is
posted, exchanged, and accessed on the Internet. It is
largely the Internet-using public that determines what
content is publicly posted or publicly displayed.
Therefore, violations under the bill are focused on
members of the Internet-using public.
2. Adds to Those Covered by Existing Prohibition on Posting Home
Address
Existing law prohibits the release on the internet of the home
address and/or phone number of any elected or appointed official
with the intent of causing imminent bodily harm or threatening
to cause harm to the official or his or her family. The release
of the information is a misdemeanor. If actual bodily injury
occurs, then the penalty is a wobbler.
Included in the existing definition of "elected or appointed
official" are:
State Constitutional officers.
Members of the Legislature.
Judges and court commissioners.
District Attorneys.
Public Defenders.
Members of a city council.
Members of a board of supervisors.
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Appointees of the Governor.
Appointees of the Legislature.
Mayors.
City Attorneys.
Police chiefs and sheriffs.
An active or retired peace officer.
An active or retired public officer.
Attorneys employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney
or public defender.
City attorneys and attorneys who represent cities in criminal
matters.
Specified employees of the Department of Corrections, the
California Youth Authority, and the Prison Industry Authority
who supervise inmates or are required to have a prisoner in
their custody.
Nonsworn employees who supervise inmates in a city police
department, a county sheriff's office, the Department of the
California Highway Patrol, federal state and local detention
facilities and juvenile halls, camps, ranches and homes.
Federal prosecutors and criminal investigators and National
Park Service Rangers working in California.
The surviving spouse or child of a peace officer who died in
the line of duty. (Government Code 6254.21 and 6254.24.)
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This bill adds state administrative law judges, federal judges,
federal defenders and members of the United States Congress and
appointees of the President to the list of officials covered
under the prohibition. Judges are already included in the
existing law with no specific reference to federal or state
judges. Public defenders are also included in existing law but
there are conflicting references one to "public defenders" and
one specifically refers to attorneys "employed" by county public
defenders. The current reference to judges does not specify
state judges. Arguably the only new additions are the state
administrative law judges and members of Congress and appointees
of the president, although adding federal judges and federal
defenders makes it clear they are intended to be included.
Thus, this bill is a very narrow expansion of a misdemeanor, if
there is no injury, or wobbler, if an injury occurs.
3. Prohibited Conduct
This bill creates a prohibition against any person, business, or
association 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. State constitutional
officers, members of the Legislature, members of a city council,
members of a board of supervisors and mayors must include with
their written demand a statement describing the threat or fear
for the safety of the official or persons residing at the same
home address. If a home address or phone number is made public
after the demand, the elected or appointed official is entitled
to injunctive relief and attorneys fees.
This bill also creates a prohibition against soliciting,
selling, or trading on the Internet the home address or
telephone number of an elected with the intent of causing bodily
harm to the official or other persons residing at the same
address. The elected or appointed official whose address or
telephone number was solicited, sold or traded may bring an
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action seeking civil penalties not to exceed $10,000.
4. Other Bills
SB 506 (Poochigian) in Assembly G.O "expands" the list of
"elected or appointed officials" in a similar way to this bill.
The bill was sent to Senate Public Safety on second referral,
but the hearing was waived because it was determined that the
expansion in the bill was more of a clarification of people who
were already covered.
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