BILL ANALYSIS
SB 1491
Page 1
Date of Hearing: June 13, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
SB 1491 (Kuehl) - As Amended: April 18, 2006
PROPOSED CONSENT
SENATE VOTE : 30-0
SUBJECT : DOMESTIC VIOLENCE: PERSONAL INFORMATION
KEY ISSUE : IN ORDER TO PROTECT THE PRIVACY OF DOMESTIC VIOLENCE
VICTIMS, SHOULD A DOMESTIC VIOLENCE VICTIM SERVICE PROVIDER NOT
BE REQUIRED TO REVEAL THE PRIVATE INFORMATION OF ITS CLIENTS IN
ORDER TO RECEIVE GRANTS?
SYNOPSIS
This non-controversial bill, sponsored by the Los Angeles City
Attorney's Office, prohibits a victim service provider from
being required to reveal the personally identifying information
of its clients or potential clients as a part of applying for or
receiving grants or financial assistance for its services. This
bill defines "victim service provider" to mean a
non-governmental organization that provides shelter or services
to victims of domestic violence. The author states that this
bill is necessary because a number of funding entities have
required victim service providers to provide clients' personally
identifying information as a condition of providing funding.
Supporters, including the California Coalition Against Sexual
Assault and the California National Organization for Women,
explain that such requirements put service providers in the
difficult position of either forgoing necessary funding or
endangering the physical safety of their clients.
SUMMARY : Prohibits a victim service provider from being
required to reveal the personally identifying information of its
clients or potential clients as a part of applying for or
receiving grants or financial assistance for its services.
Specifically, this bill :
1)Prohibits a person or entity, in the course of awarding grants
or providing financial support or assistance to a domestic
violence victim service provider, from requiring that the
provider disclose personally identifying information, as
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defined, regarding any person for whom it is providing, or has
provided, services.
2)Defines "victim service provider" to mean a non-governmental
organization that provides shelter or services to victims of
domestic violence.
3)Allows a victim service provider that is aggrieved by a
violation of this title to obtain injunctive relief. Entitles
a prevailing plaintiff to court costs and reasonable
attorney's fees if the plaintiff was provided notice of this
section and the asserted violation to the defendant, and the
defendant failed to cease the violation within five business
days of receiving notice.
EXISTING LAW :
1)Prohibits entities that receive federal grant funds under the
Violence Against Women Act or the Family Violence Prevention
and Services Act ("grantees") from: (1) disclosing any
personally identifying information or individual information
collected in connection with services requested, utilized, or
denied through the grantees' programs; or (2) revealing
individual client information without the informed, written,
and reasonably time-limited consent of the person about whom
the information is sought. (42 U.S.C. section
13925(b)(2)(B).)
2)Provides, in cases where a statutory or court mandate compels
the release of the above information, that the grantee: (1)
make reasonable attempts to notify victims affected by the
disclosure of the information; and (2) take steps necessary to
protect the privacy and safety of the persons affected by the
release of the information. (42 U.S.C. section
13925(b)(2)(C).)
3)Permits grantees to share: (1) Non-personally identifying
data in the aggregate regarding services provided to clients
and non-personally identifying demographic information in
order to comply with specified reporting requirements; (2)
court-generated information and law-enforcement generated
information contained in secure, governmental registries for
protection order enforcement purposes; and (3) law
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enforcement-generated and prosecution-generated information
necessary for law enforcement and prosecution purposes. (42
U.S.C. section 13925(b)(2)(D).)
4)Under the Domestic Violence Center Act:
a) Provides for the funding of county programs to assist
victims of domestic violence via a portion of marriage
licenses fees which are deposited into the county domestic
violence programs special fund.
b) Requires the fees collected in the special fund to be
disbursed to approved domestic violence programs on a
yearly or more frequent basis.
c) Sets forth the requirements applicable to counties
distributing funds to these programs, and eligibility,
operation, and reporting requirements for the domestic
violence programs and centers to which funding is provided.
d) Allows the county to finance one or more of those basic
services when a county lacks sufficient funds in the county
domestic violence programs special fund to finance basic
domestic violence shelter services, and community resources
are not available.
(Welfare and Institutions Code section 18290 et seq.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : This bill prohibits a victim service provider from
being required to reveal the personally identifying information
of its clients or potential clients as a part of applying for or
receiving grants or financial assistance for its services. The
author argues that this bill is necessary because a number of
funding entities have required victim service providers to
provide clients' personally identifying information as a
condition of providing funding. The sponsor of this bill, the
Los Angeles City Attorney's Office, explains that this bill is
needed "because of the critical need to protect the privacy and
safety of victims who seek shelter and other services from
victim service providers. The author argues that batterers,
stalkers and other assailants, "often engage in increasingly
violent conduct when their victims attempt to seek help." The
author further states that studies show that victims can be
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located through "the release of limited information, including
gender and place and date of birth." For these reasons, the
author concludes that this bill is necessary.
ARGUMENTS IN SUPPORT : Supporters, including the California
Coalition Against Sexual Assault, explain that such requirements
put service providers in the difficult position of either
forgoing necessary funding or endangering the physical safety of
their clients. Privacy Rights Clearinghouse states that victim
service providers will lose the trust of clients if they are
required to disclose sensitive client information. American
Association of University Women explains that the potential for
the disclosure of personally identifying information "will only
enhance their fears and hesitation to seek assistance."
California Coalition Against Sexual Assault concludes, that this
legislation "will help to assure victims and survivors that they
are safe entrusting us with this type of information."
Supporters also explain that the fear of danger as a result of
the disclosure of personally identifying information is
well-founded. Calegislation contends that, with the advent of
identity-theft, including victims' personal information in a
database can place victims at a heightened risk of
re-victimization because the database can be electronically
breached. With these fears, supporters conclude that victims
might refrain from using the services offered by these domestic
violence providers for fear of putting themselves in danger.
Pending Legislation Protecting Domestic Violence Shelter-Based
Program Funding . AB 2084 (Karnette) creates the "Domestic
Violence Shelter-Based Program Act," which provides a
comprehensive plan for the funding of domestic violence
shelter-based programs. AB 2084 also prohibits a county from
requiring the disclosure of any information pertaining to the
confidential location of a domestic violence shelter-based
program or the location or identity of any shelter resident,
employee or volunteer. The author may wish to discuss deleting
the portion relating specifically to the private information of
"shelter residents" from AB 2084 as it appears to already be
covered by SB 1491. AB 2084 currently sits in the Senate Rules
Committee awaiting referral.
REGISTERED SUPPORT / OPPOSITION :
Support
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Los Angeles City Attorney's Office (sponsor)
American Association of University Women, California
Calegislation
California Attorney General's Office
California Coalition Against Sexual Assault
California National Organization for Women
California Partnership to End Domestic Violence
California Women Lawyers
The Coalition to End Family Violence
Community Overcoming Relationship Abuse
Community Solutions
Family Services of Tulare County
Jewish Family Service Los Angeles
Los Angeles County District Attorney's Office
Marajee Mason Center
Marin Abused Women's Service
North County Women's Resource Center & Shelter
Privacy Rights Clearinghouse
The Riley Center of St. Vincent De Paul Society
Santa Clara County Domestic Violence Advocacy Consortium
South Bay Community Services
South Lake Tahoe Women's Center
STAND! Against Domestic Violence
Su Casa Domestic Violence Network
WEAVE Inc.
YWCA of Glendale
Opposition
None on file
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334