BILL ANALYSIS
AB 1595
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1595 (Evans)
As Amended August 25, 2005
Majority vote
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|ASSEMBLY: |75-3 |(May 23, 2005) |SENATE: |36-1 |(August 31, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Allows for specified elected or appointed officials to
obtain an injunction against any person or entity that publicly
posts on the Internet the home address or telephone number of
that official, and allows for damages if this disclosure was
made with intent to cause bodily harm.
The Senate amendments :
1)Provide that specified elected or appointed officials whose
home address or telephone number is made public on the
Internet after the official has made a written demand that the
information not be made public may bring a lawsuit against the
person, business or association responsible and may be granted
injunctive or declaratory relief as well as fees and costs.
2)Provide that any person, business or association that
solicits, sells, or trades on the Internet the home address or
telephone number of specified elected or appointed officials
with the intent to cause imminent great bodily harm to the
official or any resident of the official's home address shall
be liable for civil damages of up to three times the actual
damages but in no case less than $4,000.
3)Provide that a written demand made by any qualifying public
official not to publicly post his or her home address or
telephone number 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.
4)Provide that the written demand not to publicly post his or
her home address or telephone number when made by a state
constitutional officer, a mayor, or a member of the
Legislature, a city council or a board of supervisors shall
AB 1595
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include a statement describing a threat or fear for the safety
of that official or a resident of that official's home
address.
5)Exempt from liability for this violation an interactive
computer service or access software provider, as defined,
unless the service or provider intends to aid and 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.
6)Define "publicly post" or "publicly display" as to
intentionally communicate or otherwise make available to the
general public.
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
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.
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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.
AS PASSED BY THE ASSEMBLY , this bill prohibited any person,
business, or association, with specified exceptions, from
selling or trading for value on the Internet the home address or
telephone number of specified elected or appointed officials if
such an official has made a written demand of that person,
business, or association to not disclose his or her home address
or telephone number.
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 FN: 0012669