BILL ANALYSIS �
AB 906
Page 1
Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 906 (Galgiani) - As Amended: April 6, 2011
Proposed Consent
SUBJECT : PROTECTION OF VICTIMS AND MURDER WITNESSES: ADDRESS
CONFIDENTIALITY
KEY ISSUE : SHOULD PROTECTIONS CONTAINED IN THE "SAFE AT HOME"
PROGRAM, WHICH CURRENTLY SAFEGUARD THE HOME ADDRESSES OF
DOMESTIC VIOLENCE AND STALKING VICTIMS, AS WELL AS REPRODUCTIVE
HEALTH SERVICES PROVIDERS, EMPLOYEES, VOLUNTEERS AND PATIENTS,
BE EXTENDED TO MURDER WITNESSES?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
The Safe at Home program, created in 1998, currently allows
victims of domestic violence, stalking victims, as well as
reproductive health care services providers and their employees,
volunteers, and patients, to apply to the Secretary of State for
an alternate address to be used in public records. The purpose
of the program is to enable state and local agencies to respond
to requests for public records without disclosing the names or
locations of participants in the program. This bill seeks to
protect the confidentiality of addresses of witnesses who
testified in a murder trial by bringing such individuals within
the protective umbrella of the Safe at Home program.
Furthermore, in order to minimize any perceived costs to the
state, the author recently amended the bill to provide that a
murder witness applicant to the Safe at Home Program will be
responsible for covering the cost of the designated post office
box used under the program.
Supporters of the measure contend that witnesses in murder
trials are often understandably fearful that those they testify
against may acquire access to their home address and exact
revenge. The author of the bill notes that, "it makes sense
that witnesses who testified in murder trials should also be
allowed to keep their actual physical location confidential in
the hopes of relieving their fears of retribution for their
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testimony." This bill seeks to provide these important state
witnesses with the protections and peace of mind needed to live
free of the fear of retribution for their testimony by allowing
them to participate in the Safe at Home Program.
SUMMARY : Extends to murder witnesses the address
confidentiality protections contained in the Safe at Home
Program. Specifically, this bill :
1)Extends the Safe at Home Program to protect the
confidentiality of the address of a witness who has testified
in a murder trial.
2)Provides that the state is not required to reimburse local
agencies and school districts for costs incurred pursuant to
Section 6 of Article XIII B of the California Constitution.
3)Provides that if the Commission on State Mandates determines
that the act contains other costs mandated by the state, the
state shall reimburse local agencies or school districts.
4)Defines "murder witness" as meaning a witness who testified in
a murder trial.
5)Provides that an applicant to the Safe at Home Program who is
a witness who testified in a murder trial shall be responsible
for the cost of the post office box designated by the
Secretary of State as the address where the applicant can be
contacted.
EXISTING LAW :
1)Provides that a victim of domestic violence, sexual assault,
or stalking may enter into an address confidentiality program.
The victim must apply to the program in person at a
community-based victim's assistance program. The application
must be approved by the Secretary of State for the purpose of
enabling state and local agencies to respond to requests for
public records without disclosing a program participant's
residence address contained in any public record and otherwise
to provide for confidentiality of that person's identity.
(Government Code Section 6205 et seq. All further statutory
references are to this code unless otherwise stated.)
2)Provides that reproductive health care services providers,
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employees, volunteers, and patients may enter into a similar
address confidentiality program. (Section 6215 et seq.)
3)Provides that the voter registration of a participant in an
address confidentiality program is confidential, and requires
the Secretary of State to act as that person's agent for
service of process, and to designate a substitute mailing
address for participants. (Section 6215.6; Elections Code
Section 2166.5.)
4)Provides that any person filing with the county elections
official a new affidavit of registration or reregistration who
is a participant in the address confidentiality program may
have the information relating to his or her residence address,
telephone number, and email address appearing on the affidavit
declared confidential. (Elections Code Section 2166.5.)
5)Provides that any records or documents pertaining to a program
participant shall be retained and held confidential for a
period of three years after termination of certification of
participation in the program, and then destroyed, as
specified. (Section 6206.5.)
COMMENTS : The Safe at Home program, created by SB 489 (Alpert),
Chap. 1005, Stats. 1998, allows victims of domestic violence or
stalking to apply to the Secretary of State to request an
alternate address to be used in public records. The purpose of
the program is to "enable state and local agencies to respond to
requests for public records without disclosing the changed name
or location of a victim of domestic violence or stalking."
(Section 6205.) The Secretary of State provides a substitute,
publicly accessible address for these victims while protecting
their actual residences or locations. The Secretary of State
also acts as the program participants' agent for service of
process and forwards mail received at the substitute address
provided. A program participant, once certified, may stay in
the program for four years, after which re-certification is
required.
In 2002, the Safe at Home program was expanded to include
reproductive health care services providers, employees,
volunteers, and patients with the purpose of preventing
potential acts of violence from being committed against those
who assist in the provision of reproductive health care services
and the patients seeking those services. (AB 797 (Shelley),
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Chap. 380, Stats. 2002.) According to the Safe at Home 2010
Legislative Report, there are 2,735 active participants in the
program, and 5,704 participants have been served since the
program's inception in 1999.
The original 2005 sunset date for the Safe at Home Program was
extended twice. First, AB 797 (Shelley) in 2002 extended the
sunset to January 1, 2008, then AB 2169 (Montanez) in 2006
extended again until January 1, 2013. Last year SB 1233
(Oropeza) removed the sunset for the Safe at Home Program
entirely, thereby making it permanent.
In support of the bill, the author writes:
The 'Safe at Home Program' has helped protect the personal
information of thousands of survivors. Witnesses who
testify in murder trials often face threats of retaliation
and intimidation, and have similar fears regarding the
disclosure of their physical addresses. Yet under existing
law, these persons are not allowed to participate in the
"Safe at Home Program". Last July, Loren Herzog, a
notorious serial killer from Stockton - my district - was
released on parole as a result of an Appellate Court
overturning three first degree murder convictions and a
conviction as an accessory to a fourth murder. He was
originally convicted and sentenced to 78 years to life.
Prosecutors believe Herzog and his partner Wesley
Shermantine killed up to 22 people in addition to the
original six murders they were initially charged with. At
their trials, more than 80 witnesses testified with the
belief that these two killers would never see the light of
day. However, with the parole of Herzog, witnesses are
fearful that this serial killer can acquire access to their
home address and exact revenge? Assembly Bill 906 remedies
this situation by allowing witnesses who testified in
murder trials to participate in the 'Safe at Home Program'.
It makes sense that witnesses who testified in murder
trials should also be allowed to keep their actual physical
location confidential in the hopes of relieving their fears
of retribution for their testimony.
Witnesses Will Cover Post Office Box Costs . In order to reduce
any perceived costs, the author amended the bill to require that
an applicant to the Safe at Home Program who is a witness who
testified in a murder trial shall be responsible for the cost of
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the post office box designated by the Secretary of State as the
address where the applicant can be contacted. While the costs
for maintaining the program are not substantial, averaging only
$53,141 for postage costs for all participants over the last 4
years, this amendment seeks to take the bulk of the financial
burden off of the state while still allowing these individuals
to receive the confidentiality and protection needed in order to
live out their lives free of fear of retribution for their
testimony and service to the state.
Prior Related Legislation : SB 1233 (Oropeza) last year removed
the sunset date for the Safe at Home Program, making the program
permanent effective January 1, 2011 and allowing for the
archival of confidential name changes. Ch. 326, Stats. 2010.
AB 1062 (Bowen), Ch. 639, Stats 2006, extended Safe at Home
Program protections for victims of sexual assault.
SB 489 (Alpert), Ch. 1005, Stats. 1998, established the Safe at
Home Program protections for victims of domestic violence;
allowed for voter record and marriage application
confidentiality as well as address confidentiality.
SB 1318 (Alpert), Ch. 562, Stats. 2000, extended Safe at Home
protections to victims of stalking, and revised procedures
relating to terminating the certification of participants.
AB 797 (Shelley), Ch. 380, Stats. 2002, extended Safe at Home
protections to reproductive health care service providers and
their employees, volunteers, and patients.
AB 205 (Leach), Ch. 33, Stats. 2000, extended Safe at Home
protections to an individual's name change, creating provisions
for courts not to disclose the proposed name and required the
Secretary of State to keep participants name changes.
AB 2304 (Plescia), Ch. 586, Stats 2008, required courts to keep
confidential the current legal name of the petitioner and
prohibited the court from publishing that name by any means or
in any public forum when the petition for name change is by a
participant in the address confidentiality program.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 906
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None on file
Opposition
None on file
Analysis Prepared by : Drew Liebert and Erik Martin / JUD. /
(916) 319-2334