Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address, except as specified.

This bill would require the Secretary of State to provide each program participant a notice in clear and conspicuous font that contains specified information, including that the program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

This bill, with certain exceptions, would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participant who is a reproductive health care services provider, employee, volunteer, or patient and who has made a written demand to not disclose his or her address, and would prohibit a person, business, or association from knowingly posting the home address of a program participant, or of the program participants residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address, except as specified.

This bill would require the Secretary of State to provide each program participant a notice in clear and conspicuous font that contains specified information, including that the program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

This bill, with certain exceptions, would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participant who is a reproductive health care services provider, employee, volunteer, or patient and who has made a written demand to not disclose his or her address, and would prohibit a person, business, or association from knowingly posting the home address of a program participant, or of the program participants residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address address, except as specified.

This bill would require the Secretary of State to provide each program participant a notice in clear and conspicuous font that contains specified information, including that the program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

This bill bill, with certain exceptions, would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participant who is a reproductive health care services provider, employee, volunteer, or patient and who has made a written demand to not disclose his or her address, and would prohibit a person, business, or association from knowingly posting the home address of a program participant, or of the program participants residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address except as specified.

This bill would prohibit a person, business, or association from publicly posting or displaying on the Internet the home address of a program participant who is a reproductive health care services provider, employee, volunteer, or patient and who has made a written demand to not disclose his or her address, and would prohibit a person, business, or association from knowingly posting the home address of a program participant, or of the program participants residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address except as specified.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act prohibits a state or local agency from posting the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking stalking, and reproductive health care services providers, employees, volunteers, and patients, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address except as specified.

This bill would, in addition, specifically require a county assessor to keep confidential, and prohibit a county assessor from publicly posting, publicly displaying on the Internet, or otherwise making available to the general public, the home address of any program participant without first obtaining the written permission of that individual, consistent with existing provisions of law applicable to the confidentiality of the home address and telephone number of an elected or appointed official. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.

Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act prohibits a state or local agency from posting the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.

Existing law authorizes victims of domestic violence, sexual assault, or stalking to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provides for confidentiality of identity for that person, subject to specified conditions. Existing law authorizes a program participant to request that state and local agencies use the address designated by the Secretary of State as his or her address, and requires state and local agencies, when creating, modifying, or maintaining a public record, to accept the address designated by the Secretary of State as a program participants substitute address except as specified.

This bill would, in addition, specifically require a county assessor to keep confidential, and prohibit a county assessor from publicly posting, publicly displaying on the Internet, or otherwise making available to the general public, the home address of any program participant without first obtaining the written permission of that individual, consistent with existing provisions of law applicable to the confidentiality of the home address and telephone number of an elected or appointed official. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.

Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

 THIRD READING  

Bill No: AB 2263

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 5-1, 6/28/16

AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski

NOES: Anderson

NO VOTE RECORDED: Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/27/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill standardizes the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and requires the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records.

ANALYSIS:

Existing law:

1. Establishes an address confidentiality, or Safe at Home (SAH), program within the Office of the SOS in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the changed name or address of a victim of domestic violence, sexual assault, or stalking. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a community-based victims’ assistance program to have an address designated by the SOS as his or her substitute mailing address. (Gov. Code Sec. 6205 et seq.) Similarly, existing law allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified. (Gov. Code Sec. 6215 et seq.)
2. Provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified. (Gov. Code Sec. 6208.1.)
3. Prohibits the SOS from disclosing a program participant’s name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled. (Gov. Code Secs. 6206, 6206.4 and 6208)
4. Prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified. (Gov. Code Sec. 6218.)

This bill:

1. Specifies that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
2. Specifies that no person, business, or association shall knowingly post the home address of an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child. However, this provision does not apply to an interactive computer service or access software provider, as defined, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.
3. Requires the SOS to post on its Internet Web site and provide new SAH enrollees information about how to protect personal privacy on real property records as follows:

• A notice that the participant may request to use his or her SOS SAH address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
• A notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a trust and placing his or her real property into the trust;
• A notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
• A list of contacts for entities, such as county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who can provide more information and legal services to create a trust or accomplish a name change.

Background

With the passage of SB 489 (Alpert, Chapter 1005, Statutes of 1998), the Legislature established the SAH within the Office of the SOS to allow victims of domestic violence to apply for a substitute address to be used in public records in order to prevent their assailants, or potential assailants, from finding their work or home address. Through subsequent legislation, the program has been expanded to include victims of sexual assault, stalking, elder abuse, and reproductive health care service providers, employees, volunteers, and patients. (See SB 1318 (Alpert, Chapter 562, Statutes of 2000), AB 205 (Leach, Chapter 33, Statutes of 2000), AB 797 (Shelley, Chapter 380, Statutes of 2002), and AB 849 (Garcia, Chapter 676, Statutes of 2013).)

This bill standardizes the protections available to program participants and seeks to enhance participants’ ability to maintain anonymity on real property records by requiring the SOS to provide participants with specified information.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/1/16)

California Partnership to End Domestic Violence

California State Sheriffs’ Association

Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties

Contra Costa County District Attorney’s Office

Crime Victims United of California

Planned Parenthood Action Fund of Santa Barbara, Ventura, & San Luis Obispo Counties

Planned Parenthood Action Fund of the Pacific Southwest

Planned Parenthood Advocacy Project Los Angeles County

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Affiliates of California

Planned Parenthood Mar Monte

Planned Parenthood Northern California Action Fund

OPPOSITION: (Verified 8/1/16)

California Right to Life Committee

ARGUMENTS IN SUPPORT: In support, the California State Sherriff’s Association writes: Current law provides that state and local agencies may use a Secretary of State designated address when creating public records for victims of domestic violence, sexual assault, and stalking as well as reproductive health care service providers. Unfortunately, this protection does not prevent a county assessor’s office from publishing certain records, which creates a loophole in maintaining the victim’s confidentiality. Consequently, potential predators are able to access a victim’s private home address by using the county assessor records.

ARGUMENTS IN OPPOSITION: In opposition, the California Right to Life Committee writes, “this bill may be protecting domestic violence victims and others with an alternate and approved address, but it appears to single out family planning personnel who, basically, are abortion providers and would provide them with an additional cloak of privacy. Other healthcare providers who are not providing abortion and abortion related services are not included in this proposed protection of personal information. Agencies that provide services and are considered anti-abortion should merit equal protection and confidentiality of their personal information.”

ASSEMBLY FLOOR: 70-0, 5/27/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chávez, Chu, Cooley, Dababneh, Daly, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Brough, Brown, Chiu, Cooper, Dahle, Dodd, Grove, Hadley, Melendez, O'Donnell

Prepared by:

8/4/16 14:29:40

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 2263 (Author:Baker)

Version: May 23, 2016

Hearing Date: June 28, 2016

Fiscal: Yes

Urgency: No

Consultant: NR

SUBJECT

Protection of victims of domestic violence, sexual assault, or stalking, and reproductive health care service providers: address confidentiality

DESCRIPTION

This bill would standardize the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and would require the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records.

BACKGROUND

With the passage of SB 489 (Alpert, Ch. 1005, Stats. 1998), the Legislature established the SAH within the Office of the Secretary of State (SOS) to allow victims of domestic violence to apply for a substitute address to be used in public records in order to prevent their assailants, or potential assailants, from finding their work or home address. Through subsequent legislation, the program has been expanded to include victims of sexual assault, stalking, elder abuse, and reproductive health care service providers, employees, volunteers, and patients. (See SB 1318 (Alpert, Ch. 562, Stats. 2000), AB 205 (Leach, Ch. 33, Stats. of 2000), AB 797 (Shelley, Ch. 380, Stats. 2002), and AB 849 (Garcia, Ch. 676, Stats. 2013.).)

This bill would standardize the protections available to program participants and seeks to enhance participants’ ability to maintain anonymity on real property records by requiring the SOS to provide participants with specified information.

CHANGES TO EXISTING LAW

Existing law establishes an address confidentiality (or Safe at Home) program within the Office of the Secretary of State in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the changed name or address of a victim of domestic violence, sexual assault, or stalking. Existing law permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a community-based victims’ assistance program to have an address designated by the Secretary of State as his or her substitute mailing address. (Gov. Code Sec. 6205 et seq.) Similarly, existing law allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified. (Gov. Code Sec. 6215 et seq.)

Existing law provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified. (Gov. Code Sec. 6208.1.)

Existing law prohibits the SOS from disclosing a program participant’s name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled. (Gov. Code Secs. 6206, 6206.4 and 6208)

Existing law prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified. (Gov. Code Sec. 6218.)

This bill would specify that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.

This bill would specify that no person, business, or association shall knowingly post the home address of an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child. However, this provision does not apply to an interactive computer service or access software provider, as defined, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.

This bill would require the SOS to post on its Internet Web site and provide new SAH enrollees information about how to protect personal privacy on real property records as follows:

• a notice that the participant may request to use his or her SOS SAH address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
• a notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a trust and placing his or her real property into the trust;
• a notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
• a list of contacts for entities, such as county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who can provide more information and legal services to create a trust or accomplish a name change.

COMMENT

1. Stated need for the bill

According to the author:

Unfortunately, there is one gaping loophole in the Safe at Home Program: the title to property recorded in local Assessor’s Offices. As a result, victims of domestic violence and other Californians intended to be protected by Safe At Home can be found by perpetrators who go to the Assessor’s Office to locate them and track them down.

The ability to access information freely on the Internet can be dangerous for victims. If a victim owns property, the title of the property is available as a public document at the county’s Assessor’s Office. The victim’s abuser can freely access the property information, potentially exposing the victim to further harm.

1. Standardizes treatment of participants in SAH

Under existing law victims of specified abuse (i.e., domestic violence, stalking, and sexual assault) are protected by SAH. In addition, patients, employees, or volunteers at a reproductive health care center may enroll in the program. Both groups of participants enjoy the restrictions on disclosures by public agencies that help maintain the participants’ confidentiality, but victims of domestic violence, stalking, and sexual assault have one additional protection: a private person, business, or association is prohibited from posting or displaying on the Internet the home address of an SAH participant if the SAH participant has demanded that the person, business, or association remove the home address. In addition, existing law prohibits a person, business, or association from posting the SAH participant’s home address online with the knowledge and intent to cause that person imminent harm.

Although similar protections are afforded to patients and reproductive health care providers under other statutes, the author believes that consolidating all participants under one SAH framework will clarify the legislative intent to provide both groups with privacy protections.

In opposition, the California Right to Life Committee writes, “this bill may be protecting domestic violence victims and others with an alternate and approved address, but it appears to single out family planning personnel who, basically, are abortion providers and would provide them with an additional cloak of privacy. Other healthcare providers who are not providing abortion and abortion related services are not included in this proposed protection of personal information. Agencies that provide services and are considered anti-abortion should merit equal protection and confidentiality of their personal information.”

The author responds, “AB 2263 standardizes the confidentiality protections for existing enrollees in the SAH program, and requires the SOS to provide SAH enrollees with information about how to protect their privacy on real property records. This bill also extends to all SAH enrollees the protections law enforcement and elected officials currently have by specifying that no person, business, or association shall publicly post or display on the Internet the address of a SAH program participant who has made a written request that the home address not be disclosed. This bill covers only existing categories of SAH enrollees. It does not expand access to the SAH program to any new categories of enrollees, nor does it single out any category of enrollee for special treatment. AB 2263 ensures uniform protections for those who are already currently eligible for the program, including anyone who is a victim of stalking of violence, regardless of profession.”

1. Provides SAH participants with information about how to protect confidentiality with respect to real property transactions

This bill would require the SOS to provide to SAH participants information about how to keep his or her address and/or name anonymous on specified real property records. In support, the California State Sherriff’s Association writes:

Current law provides that state and local agencies may use a Secretary of State designated address when creating public records for victims of domestic violence, sexual assault, and stalking as well as reproductive health care service providers. Unfortunately, this protection does not prevent a county assessor’s office from publishing certain records, which creates a loophole in maintaining the victim’s confidentiality. Consequently, potential predators are able to access a victim’s private home address by using the county assessor records.

Staff notes that when California became a state in 1850, one of the first acts of the Legislature was to institute a system for recording interests in real property. By providing for evidence of title to be collected and made available at central locations, recording statutes protect buyers against secret conveyances and interests and make real property readily and freely transferable. The recording statutes provide that, after being acknowledged, any instrument or judgment affecting real property may be recorded. Prohibitions against recording contained in documents that could otherwise be recorded would be considered contrary to public policy, and the document may be recorded in spite of the attempted prohibition.

Thus, the Legislature has repeatedly determined that regarding real property, public policy requires a clean chain of title to prevent fraud and protect individual interests in land. That being said, methods of protecting confidentiality in real property records have been created. For example, individuals who wish to protect their street address from disclosure have been advised to create a revocable living trust and place their real property into the trust. Staff notes that this method of keeping a street address private is, by and large, only available to individuals with sufficient means to hire an attorney to establish a revocable living trust.

Further, this bill would require the SOS provide participants with a list of contact information for entities that the program participant may “contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, state and local agencies, or other nonprofit organizations that may be able to assist program participants.” How the SOS would determine which organizations to include on this list is not outlined in the bill, but including any specific organizations could arguably advantage some companies over others in the form of free advertising. As a matter of public policy, such favoritism could be seen as contrary to the role of a neutral governmental body. Accordingly the author may wish to remove this provision from the bill. Further the author may wish to consider how to educate SAH participants about the availability of confidentiality options, regardless of the participant’s economic ability to establish a living trust.

Support: California State Sheriffs’ Association; California Partnership to End Domestic Violence; Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties; Contra Costa County District Attorney’s Office; Crime Victims United of California; Planned Parenthood Action Fund of Santa Barbara, Ventura, & San Luis Obispo Counties; Planned Parenthood Action Fund of the Pacific Southwest; Planned Parenthood Advocacy Project Los Angeles County; Planned Parenthood Advocates Pasadena and San Gabriel Valley; Planned Parenthood Mar Monte; Planned Parenthood Northern California Action Fund

Opposition: California Right to Life Committee

HISTORY

Source: Author

Related Pending Legislation: None Known

Prior Legislation:

AB 849 (Garcia, Ch. 676, Stats. 2013.) See Background.

AB 2483 (Blumenfield, Ch. 102, Stats. 2012) removed the requirement that victims alleging stalking as the basis of their eligibility for the address confidentiality program provide specific evidence attached to the application.

SB 1082 (Corbett, Ch. 270, Stats. 2012) made a number of changes to the SAH, including requiring applicants and participants of the program to be domiciled in California, and authorizing a minor participant to renew his or her participation upon reaching 18 years of age.

AB 906 (Galgiani, 2012) would have authorized witnesses who have testified in murder trials to participate in the SAH. This bill died on the Senate Appropriations Suspense File.

AB 454 (Silva, Ch. 101, Stats. 2011) required notice regarding a request to cancel or modify a protective order be given by service on the Secretary of State when a protected party is registered with the SAH.

SB 1062 (Bowen, Ch. 639, Stats. 2006) added victims of sexual assault to the list of eligible SAH participants.

AB 792 (Shelley, Ch. 380, Stats. 2002) See Background.

SB 1318 (Alpert, Ch. 562, Stats. 2000) See Background.

AB 205 (Leach, Ch. 33, Stats. 2000) See Background.

SB 489 (Alpert, Ch. 1005, Stats. 1998) See Background.

Prior Vote:

Assembly Floor (Ayes 70, Noes 0)

Assembly Appropriations Committee (Ayes 20, Noes 0)

Assembly Privacy and Consumer Protection Committee (Ayes 11, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AB 2263

Author:(Baker)

As Amended Ver:May 23, 2016

Majority vote

SUMMARY: Standardizes the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and requires the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records. Specifically, this bill:

1. Specifies that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
2. Specifies that no person, business, or association shall knowingly post the home address of a an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child. However, this provision does not apply to an interactive computer service or access software provider, as defined, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.
3. Requires the SOS to post on its website and provide new SAH enrollees information about how to protect personal privacy on real property records as follows:
4. A notice that the participant may request to use his or her SOS SAH address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
5. A notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a trust and placing his or her real property into the trust;
6. A notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
7. A list of contacts for entities, such as county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who can provide more information and legal services to create a trust or accomplish a name change.

EXISTING LAW:

1. Establishes the SAH address confidentiality program within the office of the SOS. This program allows state and local agencies to accept a substitute address designated by the SOS in lieu of an actual home address and requires the agency to request for public records without disclosing the address of a victim of domestic violence, sexual assault, stalking, or elder or dependent adult abuse. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a specified program to have an address designated by the SOS as his or her substitute mailing address.
2. Similarly, allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified.
3. Provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified.
4. Prohibits the SOS from disclosing a program participant's name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled.
5. Prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs for the SOS to provide the required notifications. There are currently about 3,100 SAH participants.

COMMENTS: The California Public Records Act (PRA) requires state and local agencies to make public records available for inspection and copying by members of the public, unless the records are expressly exempted from disclosure by express provisions of the PRA or some other statute. One such exemption includes participants in the Safe At Home (SAH) program, which is intended to keep the home addresses of program participants confidential. Though restricted to victims of domestic violence when first established in 1998, the program has since expanded to include victims of stalking and sexual assault, patients, employees, and volunteers of reproductive health centers, and victims of elder and dependent adult abuse. The SAH program works by allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual home address, whenever an address is required by a public agency for an official purpose. Any correspondence from the agency to the participant is sent to the designated address, and the SOS forwards it to the participant's actual and confidential address. In addition, the SOS is also designated to receive legal notices and service of process on the participant's behalf. Agencies must accept the SOS address and use it when creating, or disclosing, public records.

As most recently amended, this bill does two things. First, it offers the same protections for SAH program participants, regardless of the reason for their participation. Existing law provides separate code sections for SAH participants who are victims of domestic violence, sexual assault, or stalking, on the one hand, and SAH participants who are clients, employees, or volunteers of a reproductive health center, on the other hand. This bill effectively harmonizes these two code provisions so that both groups have the same protections. Second, in order to make maximize the effectiveness of the program, this bill requires the SOS to provide to each participant, and to post on its Internet Web site, a notice that informs participants about their rights under the program and provides other information on how the participant can better protect his or her privacy on property records.

Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334 FN: 0003033

ASSEMBLY THIRD READING

ATR Bill Id:AB 2263

Author:(Baker)

As Amended Ver:April 11, 2016

Majority vote

SUMMARY: Standardizes the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and requires the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records. Specifically, this bill:

1. Specifies that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
2. Specifies that no person, business, or association shall knowingly post the home address of a an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child.
3. Requires the SOS to post on its website and provide new SAH enrollees information about how to protect personal privacy on real property records as follows:
4. A notice that the participant may request to use his or her SOS SAH address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
5. A notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a trust and placing his or her real property into the trust;
6. A notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
7. A list of contacts for entities, such as county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who can provide more information and legal services to create a trust or accomplish a name change.

EXISTING LAW:

1. Establishes the SAH address confidentiality program within the office of the SOS. This program allows state and local agencies to accept a substitute address designated by the SOS in lieu of an actual home address and requires the agency to request for public records without disclosing the address of a victim of domestic violence, sexual assault, stalking, or elder or dependent adult abuse. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a specified program to have an address designated by the SOS as his or her substitute mailing address.
2. Similarly, allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified.
3. Provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified.
4. Prohibits the SOS from disclosing a program participant's name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled.
5. Prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs for the SOS to provide the required notifications. There are currently about 3,100 SAH participants.

COMMENTS: The California Public Records Act (PRA) requires state and local agencies to make public records available for inspection and copying by members of the public, unless the records are expressly exempted from disclosure by express provisions of the PRA or some other statute. One such exemption includes participants in the Safe At Home (SAH) program, which is intended to keep the home addresses of program participants confidential. Though restricted to victims of domestic violence when first established in 1998, the program has since expanded to include victims of stalking and sexual assault, patients, employees, and volunteers of reproductive health centers, and victims of elder and dependent adult abuse. The SAH program works by allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual home address, whenever an address is required by a public agency for an official purpose. Any correspondence from the agency to the participant is sent to the designated address, and the SOS forwards it to the participant's actual and confidential address. In addition, the SOS is also designated to receive legal notices and service of process on the participant's behalf. Agencies must accept the SOS address and use it when creating, or disclosing, public records.

As most recently amended, this bill does two things. First, it offers the same protections for SAH program participants, regardless of the reason for their participation. Existing law provides separate code sections for SAH participants who are victims of domestic violence, sexual assault, or stalking, on the one hand, and SAH participants who are clients, employees, or volunteers of a reproductive health center, on the other hand. This bill effectively harmonizes these two code provisions so that both groups have the same protections. Second, in order to make maximize the effectiveness of the program, this bill requires the SOS to provide to each participant, and to post on its Internet Web site, a notice that informs participants about their rights under the program and provides other information on how the participant can better protect his or her privacy on property records.

Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334 FN: 0003020

Date of Hearing: May 11, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2263

Author:(Baker) – As Amended Ver:April 11, 2016

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

SUMMARY:

This bill standardizes the confidentiality protections for Safe at Home (SAH) program participants and requires the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records. Specifically, this bill:

1. Specifies that no person, business, or association shall publicly post or display on the Internet the address of a patient, employee, or volunteer of reproductive health center who are SAH program participants, who has made a written demand of that person, business, or association to not disclose the home address of the program participant. A similar requirement is already in effect for other participants in the SAH program.
2. Specifies that no person, business, or association shall knowingly post the home address of a patient, employee, or volunteer of reproductive health center who are SAH program participants, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child. A similar requirement is already in effect for other participants in the SAH program.
3. Requires the SOS to post on its website and provide SAH enrollees information about how to protect personal privacy on real property records, as specified.

FISCAL EFFECT:

Minor and absorbable costs for the SOS to provide the required notifications. There are currently about 3,100 SAH participants.

COMMENTS:

1. Purpose. This bill is intended to help protect the privacy and personal safety of SAH program participants by bringing uniformity to the confidentiality protections for certain SAH participants, and by requiring the SOS to educate participants about how they can protect their privacy on deeds and other real property records.

According to the author, this bill was prompted by the experience of a constituent who, despite being an SAH participant and a victim of domestic violence, discovered that her home address was nonetheless posted online and discovered by her abuser. The constituent apparently learned from her county assessor’s office that the address may have been sold to data brokers who purchase public records in bulk and then post addresses and other personal information on the Internet.

1. Background. The California Public Records Act (CPRA) requires state and local agencies to make public records available for inspection and copying by members of the public, unless the records are expressly exempted from disclosure by express provisions of the CPRA or some other statute. One such exemption includes participants in the SAH program, which is intended to keep the home addresses of program participants confidential. Though restricted to victims of domestic violence when first established in 1998, the SAH program has since expanded to include victims of stalking and sexual assault; patients, employees, and volunteers of reproductive health centers; and victims of elder and dependent adult abuse.

The SAH program works by allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual home address, whenever an address is required by a public agency for an official purpose. SAH program participants receive a designated address from the SOS – typically a post office box – and the participant may then demand that a state or local agency use this substitute address as the participant's official address. Any correspondence from the agency to the participant is sent to the designated address, and the SOS forwards it to the participant's actual and confidential address.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 2263 (

Author:Baker) – As Amended Ver:April 11, 2016

SUBJECT: Protection of victims of domestic violence, sexual assault, or stalking, and reproductive health care service providers: address confidentiality

SUMMARY: Standardizes the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and requires the Secretary of State (SOS) to provide SAH enrollees with information about how to protect their privacy on real property records. Specifically, this bill:

1. Specifies that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
   
2. Specifies that no person, business, or association shall knowingly post the home address of a an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child.
   
3. Requires the SOS to post on its website and provide new SAH enrollees information about how to protect personal privacy on real property records as follows:
   
4. A notice that the participant may request to use his or her SOS SAH address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
   
5. A notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a trust and placing his or her real property into the trust;
   
6. A notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
   
7. A list of contacts for entities, such as county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who can provide more information and legal services to create a trust or accomplish a name change.

EXISTING LAW:

1. Requires, under the California Public Records Act (CPRA), state and local agencies to make public records available for inspection by the public, unless another provision of the CPRA or another statute expressly exempts the records from the disclosure requirement. (Government Code (GC) Section 6250 et seq.)
2. Establishes the SAH address confidentiality program at the SOS. This program allows state and local agencies to accept a substitute address designated by the SOS in lieu of an actual home address and requires the agency to request for public records without disclosing the address of a victim of domestic violence, sexual assault, stalking, or elder or dependent adult abuse. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a specified program to have an address designated by the SOS as his or her substitute mailing address. (GC 6205 et seq.)
3. Similarly, allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified. (GC 6215 et seq.)
4. Requires the SOS to certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except reproductive health care services facilities volunteers shall be certified until six months from the last date of volunteering with the facility. (GC 6206 (c) and 6215.2 (e))
5. Specifies that, once certified, the SAH participant may request that a state or local agency, when creating a public record, use a substitute address designated by the SOS in lieu of the person's residential or work address, except as specified. (GC 6206 and 6207)
6. Provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of an SAH program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified. (GC 6208.1)
7. Prohibits the SOS from disclosing an SAH program participant's name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled. (GC 6206, 6206.4 and 6208)
8. Requires that any records or documents pertaining to an SAH program participant shall be retained and held confidential for a period of three years after termination of a certification and then destroyed. (GC 6206.5 (e))
9. Permits the confidentiality program manager to terminate a program participant's certification for specified reasons, including if the program manager determines that the information used in the application process was used as a subterfuge to avoid detection of illegal activity or apprehension by law enforcement. (GC 6206.7 (b))
10. Prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified. (GC 6218)
11. Provides that no local or state agency shall post the home address or telephone number of an elected or appointed official on the Internet without that official's prior consent. Makes it a crime for any person to knowingly post the home address or phone number of an official on the Internet knowing that the person is an elected or appointed official and with the intent to cause imminent bodily harm. Provides that a violation of this provision is a misdemeanor, and that a violation that results in bodily injury to the official or a family member is a felony. Provides that no person shall post or display on the Internet the home address or telephone number of an elected or appointed official if that official has made a written demand that the information be removed. (GC 6254.21)
12. Provides that any person who maliciously, and with the intent to obstruct justice, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, public safety officer, employee of a police department or sheriff's office, or the spouse or children of such person, is guilty of a misdemeanor. If a violation of this provision results in injury to the protected person or his or her family, then the person who violates this provision is guilty of a felony. (Penal Code Section 146e.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of this bill. This bill is intended to help protect the privacy and personal safety of SAH program participants by bringing uniformity to the confidentiality protections for certain SAH participants, and by requiring the SOS to educate participants about how they can protect their privacy on deeds and other real property records. This measure is author-sponsored.
   
2. Author’s statement. According to the author's office, "AB 2263 closes a loophole in the Safe At Home Program to protect victims of domestic violence, sexual assault, stalking, as well as reproductive health care doctors, nurses, volunteers, and patients. Specifically, AB 2263 would provide victims enrolled in the California Safe at Home program with resources to have their title record excluded from being publically posted, just as elected officials and public safety officers do. This bill would prohibit a person, business, or association from posting the residential addresses or telephone numbers of those enrolled in the California Safe at Home Program if so requested by the program enrollee. This bill will also provide notice to enrollees of their options to prevent their home address from being publically disseminated."
3. CPRA requests and the SAH program. The CPRA requires state and local agencies to make public records available for inspection and copying by members of the public, unless the records are expressly exempted from disclosure by express provisions of the PRA or some other statute. One such exemption includes participants in the SAH program, which is intended to keep the home addresses of program participants confidential. Though restricted to victims of domestic violence when first established in 1998, the program has since expanded to include victims of stalking and sexual assault; patients, employees, and volunteers of reproductive health centers; and victims of elder and dependent adult abuse. In addition, existing law provides similar protections for elected and appointed officials and law enforcement officers. These programs protect participants by preventing their abusers, or others who might wish to cause them harm, from discovering the participant's home address.

The SAH program works by allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual home address, whenever an address is required by a public agency for an official purpose. SAH program participants receive a designated address from the SOS – typically a post office box – and the participant may then demand that a state or local agency use this substitute address as the participant's official address. Any correspondence from the agency to the participant is sent to the designated address, and the SOS forwards it to the participant's actual and confidential address.

In addition, the SOS is also designated to receive legal notices and service of process on the participant's behalf. Agencies must accept the SOS address and use it when creating, or disclosing, public records. The SAH program recognizes that some agencies may require the actual home address for a bona fide statutory or administrative purpose. In that case, the agency may retain the home address in its records; however, the agency may only use the home address for that bona fide purpose and is prohibited from publicly disseminating the home address of an SAH participant.

To be eligible to become an SAH program participant, an individual, living in California, must file an application containing a sworn statement that the applicant has good reason to believe that he or she, or his or her minor child, has been a victim of domestic violence, stalking, sexual assault, or elder or dependent adult abuse, or that he or she is a patient, employee, or volunteer of a reproductive health center, and that he or she fears for his or her safety or the safety of a child. The applicant must also include a police report or some other appropriate evidence indicating the applicant's eligibility. More than 7,000 people have participated in the SAH program since its inception in 1999.

1. What is the problem this bill seeks to solve? According to the author, this bill was prompted by the experience of a constituent who, despite being an SAH participant and a victim of domestic violence, discovered that her home address was nonetheless posted online and discovered by her abuser. The constituent apparently learned from her county assessor’s office that the address may have been sold to data brokers who purchase public records in bulk and then post addresses and other personal information on the Internet. An earlier iteration of the bill would have prohibited a county assessor from selling or otherwise disclosing the home addresses to the general public. However, after extensive discussions with various stakeholders, including the county recorders and county assessors, the author determined that the problem was more complicated than initially assumed and that the bill as introduced might not have addressed the underlying problem.
   
2. Improved privacy protections for SAH participants. In its current form, this bill makes modest improvements in how the existing SAH framework treats people who are enrolled in the program because of their status as victims of domestic violence, stalking, and sexual abuse, and people who are enrolled in the program because of their status as patients, employees, or volunteers at a reproductive health care center. Both groups of participants enjoy the restrictions on disclosures by public agencies described above, but victims of domestic violence, stalking, and sexual assault have one additional protection under current SAH law: a private person, business, or association is prohibited from posting or displaying on the Internet the home address of an SAH participant if the SAH participant has demanded that the person, business, or association remove the home address. In addition, existing law prohibits a person, business, or association from posting the SAH participant's home address online with the knowledge and intent to cause that person imminent harm.

Although similar protections are afforded to patients and reproductive health care providers under other statutes, the author believes, based on conversations with Legislative Counsel, that situating these protections within the existing SAH statutory framework will make clearer a legislative intent to provide both groups with the same privacy protections.

1. New amendments require the SOS to educate SAH enrollees about privacy options. The author recently added new provisions to the bill that require the SOS to provide to SAH enrollees information about how to protect their privacy on real property records. The following information must be given to each new enrollee and posted on the SOS website:
   
2. A notice that the participant has a right to use his or her SOS SAH program address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
   
3. A notice that the participant may wish to protect his or her home address from disclosure in real property transactions by creating a revocable living trust and placing his or her real property into the trust;
   
4. A notice that the participant may wish to legally change his or her name in order to protect his or her anonymity; and
   
5. Resource information about how to get more information and legal services on how to create a trust to hold real property or accomplish a name change, including a county bar associations, legal aid societies, domestic violence prevention organizations, or other state or local nonprofits who may able to assist participants.

As the bill moves forward, the author has indicated she may add more provisions to further strengthen the bill but has expressed a commitment to working with all stakeholders to devise workable solutions that carefully balance the need for privacy against the need for public access to government records, in particular the real property recording system.

1. Arguments in support. Planned Parenthood Affiliates of California (PPAC) states in support that “the bill would close a loophole in the Safe At Home Program and would provide notice to a participant that he or she has the right to use his or her Safe at Home program address on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.”
2. Double-referral. This bill was double-referred to the Assembly Judiciary Committee where it was heard on April 5, 2016 and passed 10-0.
3. Prior Legislation. AB 849 (Garcia), Chapter 676, Statutes of 2013, extended SAH protection to victims of elder and dependent adult abuse.

SB 1082 (Corbett), Chapter 270, Statutes of 2012, required prospective participants of the SAH program to be domiciled in California in order to apply to the program, authorizes a minor program participant, who reaches 18 years of age during his or her enrollment, to renew as an adult, and modifies the SOS authority to terminate a program participant’s certification.

SB 636 (Corbett), Chapter 200, Statutes of 2011, enhanced the protections for participants in the SAH program, including prohibiting publicly posting or displaying on the Internet, or soliciting, selling, or trading on the Internet, specified personal information of the program participant.

SB 1233 (Oropeza), Chapter 326, Statutes of 2010, removed the sunset date for the SAH program and required that the name change records for the program participants be permanently retained.

AB 2304 (Plescia), Chapter 586, Statutes of 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.

SB 1062 (Bowen), Chapter 639, Statutes of 2006, extended the protections of the SAH program to victims of sexual assault.

AB 797 (Shelley), Chapter 380, Statutes of 2002, extended the protections of the SAH program to reproductive health care service providers and their employees, volunteers, and patients.

SB 1318 (Alpert), Chapter 562, Statutes of 2000, extended the protections of the SAH program to victims of stalking, and revised procedures relating to terminating the certification of participants.

SB 489 (Alpert) Chapter 1005, Statutes of 1998, established the SAH program for victims of domestic violence and allowed for voter record and marriage application confidentiality as well as address confidentiality.

REGISTERED

SUPPORT / OPPOSITION:

Support

California State Sheriffs’ Association

Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties

Crime Victims United of California

Planned Parenthood Action Fund of Santa Barbara, Ventura, & San Luis Obispo Counties

Planned Parenthood Action Fund of the Pacific Southwest

Planned Parenthood Advocacy Project Los Angeles County

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Affiliates of California

Planned Parenthood Mar Monte

Planned Parenthood Northern California Action Fund

Opposition

California Right to Life Committee, Inc.

Analysis Prepared by: Jennie Bretschneider / P. & C.P. / (916) 319-2200

Date of Hearing: April 5, 2016

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 2263

Author:(Baker) – As Amended Ver:March 30, 2016

PROPOSED CONSENT

SUBJECT: Protection of reproductive health care providers: address confidentiality

KEY ISSUE: Should the Address confidentiality that existing law provides to "Safe aT Home" ParticIpants who are patients, employees, or volunteers at a reproductive health center, be the same as that provided to participants who are in the program as victims of domestic violence, stalking, and sexual abuse?

SYNOPSIS

California's "Safe at Home" (SAH) program allows survivors of domestic violence, stalking, sexual abuse, and elder and dependent adult abuse, as well as patients, employees, and volunteers of reproductive health centers, to participate in a program that allows state and local agencies to respond to requests for public records without disclosing the participant's home address. A program participant may request that state and local agencies, when creating a public record concerning the participant, use an address designated by the Secretary of State (SOS). As recently amended this bill, according to the author, makes a modest correction to a discrepancy in how the existing SAH statutory framework treats persons who are enrolled in the program because of their status as victims of domestic violence, stalking, and sexual abuse, on the one hand, and those who are enrolled in the program because of their status as patients, employees, or volunteers at a reproductive health center, on the other hand. In addition to the restrictions on disclosures by public agencies that are afforded to both groups, the Government Code sections covering victims of domestic violence, stalking, and sexual assault provide an additional restriction, under certain circumstances, on the ability of a private person, business, or association to disclose the SAH participant's home address. These restrictions on private persons, businesses, and associations are not similarly situated in the Government Code sections covering patients, employees, and volunteers of reproductive health care centers. Although quite similar protections are afforded to patients and reproductive health care providers in other statutes, based on conversations with Legislative Counsel, the author believes that this bill will make clearer the legislative intent to treat both groups the same. This author-sponsored bill is supported by law enforcement and victims' rights groups, and Planned Parenthood. There is no opposition to this bill. This bill will be referred to the Assembly Committee on Privacy and Consumer Protection should it pass out of this Committee. The author has indicated to the Committee that she will continue to work on providing more substantive provisions that will afford more meaningful protections to all SAH program participants, both in the next committee and as the bill moves forward. Thus while this bill is a work in progress, the modest and non-controversial change that the bill makes to existing law warrants placing the bill on consent for purposes of this hearing.

SUMMARY: Seeks to bring uniformity to the confidentiality protections for Safe at Home (SAH) program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or whether it is based on their status as a patient, employee, or volunteer at a reproductive health care clinic. Specifically, this bill:

1. Provides that no person, business, or association shall publicly post or display on the Internet the address of an SAH program participant, as specified, who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
2. Provides that no person, business, or association shall knowingly post the home address of a an SAH program participant, as specified, or of the program participant's residing spouse or child, on the Internet, knowing that person is a program participant and intending to cause imminent great bodily harm or threatening to cause imminent great bodily harm to the program participant or his or her residing spouse or child.

EXISTING LAW:

1. Establishes the Safe at Home (SAH) address confidentiality program within the office of the Secretary of State (SOS). This program allows state and local agencies to accept a substitute address designated by the SOS in lieu of an actual home address and requires the agency to request for public records without disclosing the address of a victim of domestic violence, sexual assault, stalking, or elder or dependent adult abuse. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a specified program to have an address designated by the SOS as his or her substitute mailing address. (Government Code Section 6205 et seq. Unless otherwise stated, all further statutory references are to that code.)
2. Similarly, allows reproductive health care providers, employees, volunteers, and patients to participate in the SAH address confidentiality program, as specified. (Section 6215 et seq.)
3. Requires the SOS to certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except reproductive health care services facilities volunteers shall be certified until six months from the last date of volunteering with the facility. (Sections 6206 (c), 6215.2 (e).)
4. Specifies that, once certified, the SAH participant may request that a state or local agency, when creating a public record, use a substitute address designated by the SOS in lieu of the person's residential or work address, except as specified. (Sections 6206 and 6207.)
5. Provides that no person, business, or association shall knowingly and intentionally publicly post or publicly display on the Internet the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to threaten the participant or cause the participant, or co-resident, harm, as specified. (Section 6208.1.)
6. Prohibits the SOS from disclosing a program participant's name change or address, other than the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by a court, or if the participant's certification has been canceled. (Sections 6206, 6206.4 and 6208.)
7. Requires 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 a certification and then destroyed. (Section 6206.5 (e).)
8. Permits the confidentiality program manager to terminate a program participant's certification for specified reasons, including if the program manager determines that the information used in the application process was used as a subterfuge to avoid detection of illegal activity or apprehension by law enforcement. (Section 6206.7 (b).)
9. Prohibits a person, business, or association from knowingly posting or displaying on the Internet the home address, home telephone number, or image of any provider, employee, volunteer, or patient of a reproductive health service facility, with the intent to incite a third person to cause imminent bodily harm to a person protected by this provision. Permits a person whose personal information is posted to bring an action for injunctive relief of damages, as specified. Provides that no person shall post or display on the Internet any personal information about a person protected by this provision if the person has requested that the information be removed, as specified. (Section 6218.)
10. Provides that no local or state agency shall post the home address or telephone number of an elected or appointed official on the Internet without that official's prior consent. Makes it a crime for any person to knowingly post the home address or phone number of an official on the Internet knowing that the person is an elected or appointed official and with the intent to cause imminent bodily harm. Provides that a violation of this provision is a misdemeanor, and that a violation that results in bodily injury to the official or a family member is a felony. Provides that no person shall post or display on the Internet the home address or telephone number of an elected or appointed official if that official has made a written demand that the information be removed. (Section 6254.21.)
11. Provides that any person who maliciously, and with the intent to obstruct justice, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, public safety officer, employee of a police department or sheriff's office, or the spouse or children of such person, is guilty of a misdemeanor. If a violation of this provision results in injury to the protected person or his or her family, then the person who violates this provision is guilty of a felony. (Penal Code Section 146e.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: The California Public Records Act (PRA) requires state and local agencies to make public records available for inspection and copying by members of the public, unless the records are expressly exempted from disclosure by express provisions of the PRA or some other statute. One such exemption includes participants in the Safe At Home (SAH) program, which is intended to keep the home addresses of program participants confidential. Though restricted to victims of domestic violence when first established in 1998, the program has since expanded to include victims of stalking and sexual assault, patients, employees, and volunteers of reproductive health centers, and victims of elder and dependent adult abuse. In addition, existing law provides similar protections for elected and appointed officials and law enforcement officers. These programs protect participants by preventing their abusers, or others who might wish to cause them harm, from discovering the participant's home address.

The SAH program works by allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual home address, whenever an address is required by a public agency for an official purpose. Specifically, under Government Code sections 6205-6210 and 6215-6216, SAH program participants receive a designated address from the Secretary of State (SOS) – typically a post office box – and the participant may then demand that a state or local agency use this substitute address as the participant's official address. Any correspondence from the agency to the participant is sent to the designated address, and the SOS forwards it to the participant's actual and confidential address. In addition, the SOS is also designated to receive legal notices and service of process on the participant's behalf. Agencies must accept the SOS address and use it when creating, or disclosing, public records. The SAH program recognizes that some agencies may require the actual home address for a bona fide statutory or administrative purpose. In that case, the agency may retain the home address in its records; however, the agency may only use the home address for that bona fide purpose and is prohibited from publicly disseminating the home address of an SAH participant. (See e.g. Government Code Section 6207 (a)(2) and (b)(2) and Section 6215.5 (a)(2) and (b)(2).)

To be eligible to become an SAH program participant, an individual, living in California, must file an application containing a sworn statement that the applicant has good reason to believe that he or she, or his or her minor child, has been a victim of domestic violence, stalking, sexual assault, or elder or dependent adult abuse, or that he or she is a patient, employee, or volunteer of a reproductive health center, and that he or she fears for his or her safety or the safety of a child. The applicant must also include a police report or some other appropriate evidence indicating the applicant's eligibility.

Purpose of Bill: As recently amended, this bill, according to the author, makes a modest correction to a potential discrepancy in the way that the existing SAH framework treats persons who are enrolled in the program because of their status as victims of domestic violence, stalking, and sexual abuse, on the one hand, and those who are enrolled in the program because of their status as patients, employees, or volunteers at a reproductive health care center, on the other hand. In addition to the restrictions on disclosures by public agencies that are afforded to both groups, the Government Code sections covering victims of domestic violence, stalking, and sexual assault provide an additional restriction, under certain circumstances, on the ability of private persons, business, and associations to disclose the SAH participant's home address. Specifically, existing law prohibits a private person, business, or association from posting or displaying on the Internet the home address of an SAH participant if the participant has demanded that the person, business, or association remove the home address. In addition, existing law prohibits a person, business, or association from posting the SAH participant's home address online with the knowledge and intent, as specified, to cause that person imminent harm.

Although quite similar protections are already afforded to patients and reproductive health care providers in other statutes, the author believes, based on conversations with Legislative Counsel, that situating these protections within the existing SAH statutory framework, in the manner provided by this bill, will make clearer a legislative intent to provide both groups with the same protections.

Past Amendments and Probable Future Amendments: The author has indicated to the Committee that she will continue to work on strengthening this bill by providing more substantive provisions that will afford more meaningful address confidentiality protections to all SAH program participants as the bill moves forward. According to the author, this bill was prompted by the experience of a constituent who, despite being an SAH participant and a victim of domestic violence, discovered that her home address was nonetheless posted online and discovered by her abuser. The constituent apparently learned from a county assessor that the address may have been sold to, or otherwise legally obtained, by private data brokers who post addresses, and much other personal information, online. An earlier iteration of the bill, therefore, would have prohibited a county assessor from selling or otherwise disclosing the home addresses to the general public. However, after extensive discussions with various stakeholders, including the county recorders and county assessors, the author determined that the problem was more complicated than initially assumed and that the bill as introduced might not have addressed the underlying problem. As the bill moves forward, the author is committed to working with all stakeholders to devise practical and workable solutions to a very real problem: that notwithstanding the admirable work that the SAH program has done in serving more than 7,000 persons since its inception in 1999, there apparently remain a number of deficiencies that allow a participant's home address to be disclosed to persons who might cause them harm.

Nonetheless, while this bill is a work in progress, the modest and non-controversial change that the bill before this Committee makes to existing law warrants placing the bill on consent for purposes of this hearing. Should the bill be significantly amended, the Committee would, as it always does, reserve the right to bring the bill back to the Committee for a full hearing on those amendments.

ARGUMENTS IN SUPPORT: According to the author, this bill "closes a loophole in the Safe At Home Program to protect victims of domestic violence, sexual assault, or stalking.” AB 2263, supporters believe, would allow Safe At Home Program participants to benefit from the same protections that are afforded elected and appointed officials and public safety officers under Government Code Section 6254.21.  

Planned Parenthood Affiliates of California (PPAC) adds that the Safe at Home Program has helped over 7,000 survivors.  PPAC writes: "victims of domestic violence and other Californians intended to be protected by Safe At Home can be found by perpetrators who go to the Assessor’s Office to locate them and track them down."  PPAC notes that AB 2263 will close the loophole to protect victims. Several other local and regional Planned Parenthood organizations support this bill for similar reasons.

In agreement with the author and PPAC, California State Sheriffs’ Association (CSSA) writes: “AB 2263 addresses a deficiency in existing law and reassures victims that their private home addresses cannot be accessed by the general public.”

It should be noted that the letters in support primary address the bill as introduced or other proposed amendments to bill. Nonetheless, the support seems to be in agreement that the existing system has deficiencies that need to be addressed in order to provide more meaningful protections.

Prior Related Legislation: AB 849 (Chapter 676, Stats. of 2013) extended "Safe at Home" protection to victims of elder and dependent adult abuse.

SB 1082 (Chapter 270, Stats. of 2012) required prospective participants of the “Safe at Home” program to be domiciled in California in order to apply to the program, authorizes a minor program participant, who reaches 18 years of age during his or her enrollment, to renew as an adult, and modifies the Secretary of State authority to terminate a program participant’s certification, as specified.

SB 636 (Chapter 200, Stats. of 2011), enhanced the protections for participants in the Safe at Home program, including prohibiting publicly posting or displaying on the Internet, or soliciting, selling, or trading on the Internet, specified personal information of the program participant.

SB 1233 (Chapter 326, Stats. of 2010) removed the sunset date for the Safe at Home program and required that the name change records for the program participants be permanently retained.

AB 2304 (Chapter 586, Stats. of 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.

SB 1062 (Chapter 639, Stats. of 2006) extended the protections of the Safe at Home program to victims of sexual assault.

AB 797 (Chapter 380, Stats. of 2002) extended the protections of the Safe at Home program to reproductive health care service providers and their employees, volunteers, and patients.

SB 1318 (Chapter 562, Stats. of 2000) extended the protections of the Safe at Home program to victims of stalking, and revised procedures relating to terminating the certification of participants.

SB 489 (Chapter 1005, Stats. of 1998) established the Safe at Home program for victims of domestic violence and allowed for voter record and marriage application confidentiality as well as address confidentiality.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association

Crime Victims United of California

Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties

Planned Parenthood Action Fund of the Pacific Southwest

Planned Parenthood Advocacy Project Los Angeles County

Planned Parenthood Affiliates of California

Planned Parenthood Mar Monte

Opposition

None on file

Analysis Prepared by: Alexandria Smith-Davis and Thomas Clark/ JUD. / (916) 319-2334