BILL NUMBER: SB 1015	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 16, 2006
	AMENDED IN SENATE  AUGUST 30, 2005
	AMENDED IN SENATE  AUGUST 17, 2005
	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JULY 1, 2005

INTRODUCED BY   Senator  Romero   Murray 
    (   Principal coauthor: 
 Assembly Member   Parra  
) 
    (   Coauthors:  
Senators   Ackerman,   
 Kehoe,     and Poochigian
 ) 
    (   Coauthor:  
Assembly Member   La Suer   )


                        FEBRUARY 22, 2005

    An act to add and repeal Section 12016.1 of the
Government Code, and to add and repeal Section 11105.06 of the Penal
Code, relating to homeland security, and declaring the urgency
thereof, to take effect immediately.   An act to amend
Section 2024.6 of the Family Code, relating to dissolution of
marriage. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1015, as amended,  Romero   Murray 
 Office of Homeland Security.   Dissolution of
marriage: financial declarations.  
   Existing law permits a party to request that documents listing or
identifying the parties' assets and liabilities be sealed in
specified family law proceedings, including dissolution of marriage.
 
   This bill would extend those provisions to include documents
listing or identifying the parties' income or expenses, permit those
records to be sealed or redacted, and make related changes. The bill
would require the Judicial Council to adopt rules governing
procedures for sealing, unsealing, redacting, and restoring those
records.  
   (1) Existing law requires the Governor to appoint a Director of
Homeland Security to coordinate homeland security activities in the
state, and to appoint a deputy director of homeland security to serve
at the pleasure of the director. Existing law sets forth certain
duties of an Office of Homeland Security in state government.
 
   Existing law also authorizes the Attorney General to furnish
specified summary criminal history information to certain peace
officers of the state, subject to specified conditions. 

   This bill would, until January 1, 2007, provide that the Office of
Homeland Security shall be considered a Class II criminal justice
agency and would require the Attorney General to furnish state
summary criminal history information to persons employed within the
Office of Homeland Security whose duties and responsibilities require
the authority to access criminal history and other intelligence
information, and who have been cleared to do so by both the state
Department of Justice and the United States Department of Homeland
Security for these purposes.  
   (2) The California Public Records Act specifies that certain
security, investigatory, and other information of certain law
enforcement entities is not subject to disclosure.  

   This bill would, until January 1, 2007, specify that the Office of
Homeland Security is a law enforcement organization as required for
receipt by employees of the office of confidential intelligence
information pursuant to these provisions.  
  (3) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    The Legislature finds and declares as
follows:  
   (a) The people have a right of privacy in their financial affairs,
as well as in matters relating to marriage.   
   (b) The law of this state requires any party to a proceeding for
dissolution of marriage, nullity of marriage, or legal separation to
disclose fully in documents that are filed with the court hearing
that proceeding, thereby becoming a matter of public record, detailed
and sensitive financial information, including the nature, extent,
and location of the party's assets and liabilities and income and
expenses, and information, such as social security numbers and bank
account numbers, that can be used to identify and locate the party's
assets, liabilities, income and expenses.  
   (c) The sensitive financial information which the law compels a
party to a proceeding for dissolution or nullity of marriage or legal
separation to disclose into the public record is subject to use for
improper purposes, particularly including but not limited to, the
burgeoning crime of identity theft, yet is rarely if ever a matter of
legitimate public interest.  
   (d) The Legislature also finds that protecting the sensitive
financial information subject to this section will further the prompt
and efficient resolution or settlement of proceedings for the
dissolution or nullity of marriage or legal separation by preventing
or discouraging the disclosure or threatened disclosure of that
information for improper purposes or to secure collateral or unfair
advantages.  
   (e) Existing law concerning the sealing of court records was not
enacted or otherwise promulgated with consideration of the extensive
financial disclosures required of parties to a proceeding for
dissolution or nullity of marriage, or legal separation. Much of
existing law concerning the sealing of court records was also enacted
or otherwise promulgated prior to the current epidemic of identity
theft and the current widespread use of electronic data bases,
containing sensitive financial and other personal information, which
data is vulnerable to misuse. Existing law was enacted prior to the
widespread concern over and federal legislation designed to protect
and guard against, the misuse of personal information and child
abduction.  
   (f) For these reasons, the Legislature finds that existing law
concerning the sealing of court records does not adequately protect
the right of privacy in financial and marital matters to which
parties to a proceeding for dissolution or nullity of marriage are
entitled. It is the intent of the Legislature to protect more fully
that right of privacy while acknowledging and balancing the public's
right of access to public records and judicial proceedings.
Accordingly, it enacts this act. 
   SEC. 2.    Section 2024.6 of the   Family
Code   is amended to read: 
   2024.6.  (a)  Upon   Notwithstanding any
other provision of law, upon  request by a party to a 
petition   proceeding  for dissolution of marriage,
nullity of marriage, or legal separation, the court shall order 
sealed or redacted any portion of  a pleading that lists the
parties' financial assets  and   , 
liabilities  and   , income or expenses, or
 provides the location  of, including a residential address,
 or identifying information about  ,  those assets
 and   ,  liabilities  sealed
  , income, or expenses. Subject to the direction of the
court, no more of   any pleading shall be sealed or
redacted than is necessary to prevent identification or location of
the financial information subject to this section  . The request
may be made by ex parte application. Nothing sealed  or redacted
 pursuant to this section may be unsealed  or restored
 except upon petition to the court and  a showing of 
good cause  shown  .
   (b) Commencing not later than  July 1, 2005  
____  , the Judicial Council form used to declare assets
 and   or  liabilities of the parties in a
proceeding for dissolution of marriage, nullity of marriage, or legal
separation of the parties shall require the party filing the form to
state whether the declaration contains identifying information on
the assets  and   ,  liabilities  ,
income, or expenses  listed therein. If the party making the
request  set forth in subdivision (a)  uses a pleading other
than the Judicial Council form, the pleading shall exhibit a notice
on the front page, in bold capital letters, that the pleading lists
 and   or  identifies financial information
and is therefore subject to this section.  By the same date, the
Judicial Council shall also adopt rules setting forth the procedures
to be used for sealing, unsealing, redacting, and restoring
pleadings pursuant to this section. 
   (c) For purposes of this section, "pleading" means a document that
sets forth or declares the  parties'  assets
 and   ,  liabilities, income  and
  or  expenses  , a   of one
or both of the parties, including, but not limited to marital
settlement agreements, exhibits, schedules, transcripts, or any
document incidental to any declaration or  marital settlement
agreement that lists  and   or  identifies
 the parties' assets and liabilities, or any document filed
with the court incidental to the declaration or agreement that lists
and identifies  financial information.
   (d)  For purposes of this section and notwithstanding any
other provision of law, "court" includes a privately compensated
judge. 
    (e)    The party making the request  to
seal a pleading  pursuant to subdivision (a) shall serve a
copy of the pleading  containing financial information subject to
this section  on the other party  or parties  to the
proceeding and file a proof of service with the request  to
seal the pleading  .  
   (e) 
    (f)  Nothing in this section precludes a party to a
proceeding described in this section from using any document or
information contained in a  sealed  pleading 
sealed or redacted pursuant to this section  in any manner that
is not otherwise prohibited by law.    All matter omitted in this
version of the bill appears in the bill as amended in Senate, August
30, 2005 (JR11)