BILL NUMBER: SB 1491	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 23, 2006

   An act to add Title 1.807 (commencing with Section 1798.79.8) to
Part 4 of Division 3 of the Civil Code, relating to domestic
violence.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1491, as introduced, Kuehl  Domestic violence: personal
information.
   Existing law regulates the collection and disclosure of personal
information by government agencies and businesses related to, among
others, social security numbers, business records, drivers license
numbers, medical information, and credit reporting information.
   This bill would prohibit any person or entity that awards grants
to victim service providers, as defined, from requesting or
requiring, as a condition of an award, the personally identifying
information of a domestic violence victim, as specified, or the use
of specified computer programs or systems that require the disclosure
of that personally identifying information. The bill would also make
available to any victim service provider aggrieved by a violation of
those provisions, injunctive relief and court costs and attorney's
fees.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Title 1.807 (commencing with Section 1798.79.8) is
added to Part 4 of Division 3 of the Civil Code, to read:

      TITLE 1.807.  DOMESTIC VIOLENCE: PERSONAL INFORMATION

   1798.79.8.  For purposes of this title:
   (a) "Person or entity" means any individual, corporation,
partnership, joint venture, or any business entity, or any state or
local agency.
   (b) "Personally identifying information" means:
   (1) First and last name or last name only.
   (2) Home or other physical address, including, but not limited to,
a street name or zip code, other than an address obtained pursuant
to the California Safe At Home program or a business mailing address
provided by the victim service provider.
   (3) Electronic mail address or other online contact information,
such as an instant messaging user identifier or a screen name that
reveals an individual's electronic mail address.
   (4) Telephone number, other than a business telephone number
provided by the victim service provider.
   (5) Social security number.
   (6) Date of birth.
   (7) Internet Protocol address or host name that identifies an
individual.
   (8) Any other information, including, but not limited to, children'
s and relatives first and last names, grade point average, racial or
ethnic background, academic or occupational interests, or religious
affiliation that, in combination with any of the above would serve to
identify any individual, although that information may be requested
or required if it is not combined with any of the above or in any
manner in which provision of the information would serve to identify
a specific individual.
   (c) "Victim service provider" means a nongovernmental organization
or entity, for profit or not for profit, that assists domestic
violence, dating violence, sexual assault, and stalking victims,
including rape crisis centers, domestic violence shelters, domestic
violence counseling, and other service centers and other
organizations with a documented history of effective work concerning
domestic violence, sexual assault, or stalking.
   1798.79.9.  (a) In the course of awarding grants, including, but
not limited to, requests for proposals, contracts, or billing
procedures, implementing programs, or providing financial support or
assistance of any kind to any victim service provider, it is unlawful
for any person or entity to request or require that victim service
provider to provide personally identifying information regarding any
of the persons to whom it is providing services, it has provided
services, or it has considered or is considering providing services.

   (b) In the course of awarding grants, including, but not limited
to, requests for proposals, contracts, or billing procedures,
implementing programs, or providing financial support or assistance
of any kind to any victim service provider, it is unlawful for any
person or entity to request or require that victim service provider
to use any computer software, computer program, computer protocol, or
other computer system that requires the disclosure of personally
identifying information regarding any of the persons to whom it is
providing services, it has provided services, or it has considered or
is considering providing services.
   (c) Nothing in this section is intended to prevent the collection
of information for statistical purposes that are necessary for the
proper administration of the grant, program, or financial assistance,
provided that collection does not require the disclosure of
information that would serve to identify any specific individual.
   1798.79.95.  Injunctive relief shall be available to any victim
service provider aggrieved by a violation or a threatened violation
of this title. The prevailing plaintiff in any action commenced under
this section shall be entitled to recover court costs and reasonable
attorney's fees.