BILL NUMBER: SB 1491	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2006

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 amended, 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  
victims of domestic violence, dating violence, sexual assault, or
stalking, or their children  , 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  in certain cases  .
   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  , SEXUAL ASSAULT, AND
STALKING  : 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   for  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   for  the victim service
provider.
   (5) Social security number.
   (6) Date of birth  , with the exception of the year 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   the first and last names of
children and relatives, racial or ethnic background, or religious
affiliation, that, in combination with any other nonpersonally
identifying information, would serve to identify any 
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.   that
provides shelter programs or services, at low cost, no cost, or on a
sliding scale, to victims of domestic violence, dating violence, s
  exual assault, or stalking, or their children, either
directly or through other contractual arrangements, including rape
crisis centers, domestic violence shelters, domestic violence
transitional housing programs, and other programs with the primary
mission to provide services to victims of domestic violence, dating
violence, sexual assault, or stalking, or their children, whether or
not that program exists in an agency that provides additional
services. 
   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   for the purpose of
providing shelter, programs, or services at low cost, no cost, or on
a sliding scale to victims of domestic violence, dating violence,
sexual assault, or stalking, or their children,  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   for the purpose of providing
shelter, programs, or services at low cost, no cost, or on a sliding
scale to victims of domestic violence, dating violence, sexual
assault, or stalking, or their children,  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  if the victim service
provider has provided notice of this section and the asserted
violation of this section to the defendant and the defendant has
failed to cease the violation within five business days of receiving
that notice  .