BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2169
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2169 (Montanez)
          As Amended August 24, 2006
          Majority vote 
           
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          |ASSEMBLY:  |80-0 |(May 30, 2006)  |SENATE: |40-0 |(August 29,    |
          |           |     |                |        |     |2006)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Extends until January 1, 2013, the sunset date for the  
          Safe at Home Project, a program administered by the Secretary of  
          State (SOS) for victims of domestic violence and stalking and  
          reproductive health care workers and patients.

           The Senate amendments  extend the sunset to January 1, 2013, for  
          the Safe at Home Program and clarify that the sunset will be  
          extended for reproductive health care workers and patients as  
          well victims of domestic stalking and violence. 

           EXISTING LAW  :  

           1)Requires that public records be open to inspection at all  
            times during the office hours of the state or local agency  
            that maintains those records and declares that every person  
            has a right to inspect any public record, except as otherwise  
            provided by statute.  

          2)Requires state and local agencies to make public records  
            available upon request, subject to duplication fees, unless  
            the disclosure of the records is expressly prohibited by law.   


          3)Permits a victim of domestic violence or stalking to  
            participate in the SOS Safe at Home Project, which is  
            administered by the SOS and allows participants to use a  
            designated address, other than the victim's actual residence,  
            for use in public records.  Requires further that local and  
            state agencies to use the victim's designated substitute  
            address as the victim's official address for the purposes of  
            creating, maintaining, modifying, or disseminating public  
            records.  









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          4)Permits reproductive health care services providers,  
            employees, volunteers, and patients to participate in the Safe  
            at Home Project administered by the SOS, as described in #3)  
            above.  

          5)Requires the SOS to submit to the Legislature an annual report  
            detailing the total number of persons who have applied to, and  
            participated in, the Safe at Home Project.  

          6)Provides that the Safe at Home Project shall remain in effect  
            only until January 1, 2008, unless deleted or extended by  
            statute.  

           AS PASSED BY THE ASSEMBLY  , this bill eliminated the sunset  
          provision for the Safe at Home Project as it applied to victims  
          of domestic violence and stalking. 

           FISCAL EFFECT  :  According to the Senate Appropriations analysis,  
          there are currently 2,600 participants in the Safe at Home  
          program, and SOS has annual ongoing costs in the $380,000 range  
          to administer this program.

           COMMENTS  :  Persons attempting to escape domestic violence and  
          stalking frequently establish new names and addresses in order  
          to prevent the violent abuser or stalker from finding and  
          re-victimizing them.  California's Safe at Home Project, created  
          as a pilot project in 1999, was modeled after a very successful  
          program in the state of Washington.  According to the author,  
          the data collected by the SOS's office shows that the project  
          "has provided 2,600 victims an opportunity to live a new life  
          without having to constantly move and live in fear of being  
          discovered."  In 2002, AB 797, Chapter 380, Statutes of 2002),  
          the Safe at Home Project was extended to reproductive health  
          care providers, workers, volunteers and patients because it was  
          found that such persons were often subject to harassment,  
          threats, and acts of violence.  

          While the bill as passed in the Assembly effectively made the  
          Safe at Home Project a permanent program by eliminating the  
          sunset altogether, the Senate version of this bill extends the  
          existing sunset date by an additional five years.  In addition,  
          the Senate amendments similarly extend the sunset date for the  
          program as it applies to reproductive health care providers,  
          workers, volunteers, and patients. 









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           Analysis Prepared by  :    Thomas Clark / JUD. / (916) 319-2334 


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