BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2383
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2383 (Ammiano) - As Amended:  March 26, 2012 

          Policy Committee:                              
          TransportationVote:14-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          As proposed to be amended, this bill authorizes the San 
          Francisco City Attorney and his or her investigators to obtain 
          copies of Department of Motor Vehicles (DMV) photographs of 
          individuals directly from the DMV.

           FISCAL EFFECT  

          Minor, absorbable costs to the DMV.  (Motor Vehicle Account.)

           COMMENTS  

           1)Rationale.   The City and County of San Francisco (sponsor) 
            notes that the city attorney had access to DMV records for 21 
            years until DMV denied the city attorney access last year.  
            The city further notes that the City Attorney's Office 
            utilizes DMV records, in particular DMV license photos, to 
            serve parents with notices of dependency hearings and to 
            fulfill other functions not typically performed by city 
            attorneys that reside within distinct counties. 

           2)Background  .  Existing law generally prohibits access to DMV 
            records; however, statute excepts from this prohibition law 
            enforcement officials, which statute identifies as the 
            Attorney General, district attorneys, law enforcement agencies 
            and city attorneys prosecuting misdemeanor violations of state 
            law upon authorization of a district attorney.  Statute also 
            makes exception for public defenders and public defender 
            investigators.

            As noted above, the San Francisco City Attorney previously had 








                                                                  AB 2383
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            access to DMV files.  However, last year, following an 
            internal audit, DMV determined the access, which the city 
            attorney used for purposes other than prosecution of criminal 
            actions, was not appropriate and revoked the city attorney's 
            access.  DMV notes that the city attorney can still access DMV 
            records by going through the city's law enforcement agencies.

            Proposed author's amendments delete a prior provision of this 
            bill that would have granted the city attorney access to all 
            DMV records, consistent with access enjoyed by law enforcement 
            personnel.  The proposed amendments instead grant the city 
            attorney access to DMV photo images, parallel to access 
            granted by existing law to the Department of Real Estate

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081