BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1595|
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THIRD READING
Bill No: AB 1595
Author: Evans (D) and Spitzer (R)
Amended: 8/16/05 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/28/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Figueroa, Kuehl
NO VOTE RECORDED: Escutia
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/12/05
AYES: Alquist, Poochigian, Cedillo, Margett, Migden,
Perata, Romero
ASSEMBLY FLOOR : 75-3, 5/23/05 - See last page for vote
SUBJECT : Public official: personal information
SOURCE : Judge Jim Brandlin, Los Angeles Superior Court
DIGEST : This bill prohibits the posting of home
addresses or phone numbers of public officials on the
Internet if the official has requested that his/her
information be removed.
ANALYSIS : 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 exempt specified
records from the PRA requirement of open records.
CONTINUED
AB 1595
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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.
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/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.
This bill prohibits 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 a written demand made under the
provisions of this bill 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.
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 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.
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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 immunizes 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.
This bill adds to this list state administrative law
judges, federal judges and federal defenders, and members
of the United States Congress, and appointees of the
President.
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.
Appointees of the Governor.
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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
Department of 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. (Section 6254.21 and 6254.24 of the
Government Code)
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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/16/05)
Judge Jim Brandlin, Los Angeles Superior Court (source)
California Alliance for Consumer Protection
California Judges Association
California Public Defenders Association
California State Sheriffs' Association
Judicial Council of California
Los Angeles County District Attorney's Office
Los Angeles County Police Chiefs' Association
Los Angeles County Sheriff's Department
Office of the Attorney General
Peace Officers Research Association of California
San Bernardino County
The California Association of Highway Patrolmen
Whittier Police Department
ARGUMENTS IN SUPPORT : According to the author's office,
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
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 web site entitled killercop.com that advertised a
reward for the home address and photos of two specific
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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, this bill helps
government and public safety officials keep their personal
home address and phone number private.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Bogh, Calderon, Canciamilla, Chan, Chavez, Chu,
Cogdill, Cohn, Coto, De La Torre, DeVore, Dymally,
Emmerson, Evans, Frommer, Garcia, Goldberg, Hancock,
Harman, Jerome Horton, Shirley Horton, Houston, Huff,
Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La Suer,
Laird, Leno, Leslie, Levine, Lieber, Liu, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nation,
Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
Salinas, Spitzer, Strickland, Torrico, Tran, Umberg,
Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez
NOES: Blakeslee, Daucher, Haynes
NO VOTE RECORDED: Gordon, Saldana
RJG:mel 8/17/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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