SB 1311: Vehicles: confidential home address.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-30
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer.
This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer.
This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer.
This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that following the termination of office or employment, a confidential home address shall be withheld from public inspection for 3 years, unless the termination is the result of conviction of a criminal offense, as specified. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer.
This bill would require the department, for certain persons and within a specified period, to discontinue holding a home address confidential pursuant to the above provisions if the department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee requesting the department to discontinue holding the home address confidential and the department agrees that holding the home address confidential should be discontinued at the conclusion of a hearing, unless the hearing is excepted, as specified. The bill would require the department to notify the subject of the request within 30 days of receipt of the request, as specified. department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that following the termination of office or employment, a confidential home address shall be withheld from public inspection for three 3 years, unless the termination is the result of conviction of a criminal offense, as specified.
This bill would require the department, for certain persons and within 30 days, a specified period, to discontinue holding a home address confidential pursuant to the above provisions if the department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee directing requesting the department to discontinue holding the home address confidential. confidential and the department agrees that holding the home address confidential should be discontinued at the conclusion of a hearing, unless the hearing is excepted, as specified. The bill would require the department to notify the subject of the request within 30 days of receipt of the request, as specified.
Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that following the termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense, as specified.
This bill would require the department, for certain persons and within 30 days, to discontinue holding a home address confidential pursuant to the above provisions if the department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee directing the department to discontinue holding the home address confidential.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing-Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist I, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, State Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(D)(i)The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
(ii)The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing-Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist I, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, State Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(D)(i)The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
(ii)The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing-Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist I, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, State Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(D)(i)The department shall discontinue holding a home address confidential, confidential pursuant to this subdivision, subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
(ii)The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing-Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist I, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, State Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(D)The department shall discontinue holding a home address confidential, pursuant to this subdivision, for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)(A)Notwithstanding paragraphs (2) and (3), the department shall discontinue holding a home address confidential pursuant to subdivision (a) if both of the following are met:
(i)The department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee requesting the department to discontinue holding the home address confidential.
(ii)The department agrees that holding the home address confidential should be discontinued at the conclusion of a hearing wherein the requesting entity, the person that is the subject of the request, and the employee described in subparagraph (E) if the subject of the request is the spouse or child of that employee may provide arguments and information in support of, or in opposition to, the request.
(B)The department shall notify the subject of a request made pursuant to subparagraph (A) within 30 calendar days of receipt of the request and shall make all reasonable efforts to ensure the subject of the request is contacted.
(C)A hearing described in subparagraph (A) is not required to be held if the subject of the request does not respond to the notification by the department or does not wish to contest the request.
(D)If the department agrees that holding the home address confidential should be discontinued pursuant to subparagraph (A), the department shall discontinue holding the home address confidential as soon as possible, but in no case later than 30 calendar days upon the conclusion of the hearing.
(E)This paragraph shall apply only to the home address of a person specified in paragraph (9), (11), (13), or (22) of subdivision (a) or the spouse or child of any of those persons.
(5)
(4)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)(1)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(2)The failure to hold a home address confidential pursuant to subdivision (a) for a person whose home address is no longer held confidential pursuant to paragraph (4) of subdivision (c) shall not be a violation of paragraph (1) provided the date of disclosure was after termination of the address withholding.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the Chief chief of Police police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing Registration Licensing-Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist 1, I, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)(A)Notwithstanding paragraphs (2) and (3), the department shall discontinue holding a home address confidential pursuant to subdivision (a) if the both of the following are met:
(i)The department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee directing requesting the department to discontinue holding the home address confidential. The department
(ii)The department agrees that holding the home address confidential should be discontinued at the conclusion of a hearing wherein the requesting entity, the person that is the subject of the request, and the employee described in subparagraph (E) if the subject of the request is the spouse or child of that employee may provide arguments and information in support of, or in opposition to, the request.
(B)The department shall comply with a notification pursuant to this paragraph notify the subject of a request made pursuant to subparagraph (A) within 30 calendar days of receipt of the notification. This request and shall make all reasonable efforts to ensure the subject of the request is contacted.
(C)A hearing described in subparagraph (A) is not required to be held if the subject of the request does not respond to the notification by the department or does not wish to contest the request.
(D)If the department agrees that holding the home address confidential should be discontinued pursuant to subparagraph (A), the department shall discontinue holding the home address confidential as soon as possible, but in no case later than 30 calendar days upon the conclusion of the hearing.
(E)This paragraph shall apply only to the home address of a person specified in paragraph (9), (11), (13), or (22) of subdivision (a), (a) or the spouse or child of any of those persons.
(5)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)(1)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(2)The failure to hold a home address confidential pursuant to subdivision (a) for a person whose home address is no longer held confidential pursuant to paragraph (4) of subdivision (c) shall not be a violation of paragraph (1) provided the date of disclosure was after termination of the address withholding.
(a)For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1)Attorney General.
(2)State Public Defender.
(3)A Member of the Legislature.
(4)A judge or court commissioner.
(5)A district attorney.
(6)A public defender.
(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8)A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9)A nonsworn police dispatcher.
(10)A child abuse investigator or social worker, working in child protective services within a social services department.
(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13)A nonsworn employee of a city police department, a county sheriffs office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14)A county counsel assigned to child abuse cases.
(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16)A member of a city council.
(17)A member of a board of supervisors.
(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20)An employee of a trial court.
(21)A psychiatric social worker employed by a county.
(22)A police or sheriff department employee designated by the Chief of Police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23)A state employee in one of the following classifications:
(A)Licensing Registration Examiner, Department of Motor Vehicles.
(B)Motor Carrier Specialist 1, Department of the California Highway Patrol.
(C)Museum Security Officer and Supervising Museum Security Officer.
(D)Licensing Program Analyst, Department of Social Services.
(24)(A)The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouses or childs place of residence.
(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C)(i)Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii)Neither the listed persons employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(b)The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1)A court.
(2)A law enforcement agency.
(3)The State Board of Equalization.
(4)An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5)A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3)With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4)Notwithstanding paragraphs (2) and (3), the department shall discontinue holding a home address confidential pursuant to subdivision (a) if the department receives a written notification from the sheriff, chief of police, or other head of an employing agency of the employee directing the department to discontinue holding the home address confidential. The department shall comply with a notification pursuant to this paragraph within 30 calendar days of receipt of the notification. This paragraph shall apply only to the home address of a person specified in paragraph (9), (11), (13), or (22) of subdivision (a), or the spouse or child of any of those persons.
(4)
(5)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d)(1)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriffs office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriffs office, or the spouses or children of these persons is a felony.
(2)The failure to hold a home address confidential pursuant to subdivision (a) for a person whose home address is no longer held confidential pursuant to paragraph (4) of subdivision (c) shall not be a violation of paragraph (1) provided the date of disclosure was after termination of the address withholding.
|
Date
|
Status
|
|---|---|
| May 9, 2016 | May 9 set for first hearing canceled at the request of author. |
| Aug 31, 2016 | Enrolled and presented to the Governor at 6 p.m. |
| Aug 11, 2016 | Read third time. Passed. (Ayes 78. Noes 0. Page 5780.) Ordered to the Senate. |
| Aug 11, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 11, 2016 | In Senate. Ordered to engrossing and enrolling. |
| Aug 4, 2016 | Read second time. Ordered to consent calendar. |
| Aug 3, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3). |
| Jun 28, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 20, 2016 | June 20 hearing postponed by committee. |
| Jun 6, 2016 | Referred to Com. on TRANS. |
| May 27, 2016 | Read third time. Passed. (Ayes 36. Noes 2.) Ordered to the Assembly. |
| May 27, 2016 | Read third time. Passed. (Ayes 36. Noes 2. Page 3976.) Ordered to the Assembly. |
| May 27, 2016 | In Assembly. Read first time. Held at Desk. |
| May 17, 2016 | Read second time and amended. Ordered to third reading. |
| May 16, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and be amended. |
| May 10, 2016 | Set for hearing May 16. |
| Feb 19, 2016 | Introduced. To Com. on RLS. for assignment. To print. |
| Apr 29, 2016 | Set for hearing May 9. |
| Apr 26, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 19). |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3614.) (April 19). |
| Apr 14, 2016 | Set for hearing April 19. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (April 12). Re-referred to Com. on PUB. S. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0. Page 3523.) (April 12). Re-referred to Com. on PUB. S. |
| Apr 5, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Mar 24, 2016 | Set for hearing April 12. |
| Mar 23, 2016 | April 5 hearing postponed by committee. |
| Mar 16, 2016 | Set for hearing April 5. |
| Mar 3, 2016 | Referred to Coms. on T. & H. and PUB. S. |
| Feb 22, 2016 | Read first time. |
| Feb 22, 2016 | From printer. May be acted upon on or after March 23. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 11, 2016 | SB 1311 Glazer Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 3, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| May 27, 2016 | Senate 3rd Reading SB1311 Glazer | Senate Floor |
Passed |
|
| Apr 19, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 12, 2016 | Do pass, but first be re-referred to the Committee on [Public Safety] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Highway Patrolmen | ** Against | Apr 12, 2016 |
| California State Sheriffs' Association | * Support | Jun 27, 2016 |
| Peace Officers Research Association Of California | ** Against | Apr 12, 2016 |
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1311
Author:(Glazer) – As Amended Ver:May 17, 2016
Policy Committee: | Transportation | Vote: | 15 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Motor Vehicles (DMV) to discontinue holding a home address confidential for a child or spouse of specified persons if the child or spouse is convicted of a felony. Specifically, this bill:
- Requires the DMV to discontinue holding a home address confidential for a child or a spouse of the following persons if the child or spouse is convicted of a felony:
- A non-sworn police dispatcher;
- An active or retired peace officer;
- A non-sworn employee of a city police department, a county sheriff’s office, the CHP, or a detention facility who controls or supervises inmates or is required to have a prisoner in his or her care or custody.
- A police or sheriff department employee designated as being in a sensitive position.
- Requires the DMV to comply with (1) upon receiving notice of a disqualifying conviction from the agency that employs, or formerly employed, the parent or spouse of the convicted person, or as soon as DMV otherwise becomes aware of the disqualifying conviction.
FISCAL EFFECT:
Any costs to the DMV would be minor and absorbable.
COMMENTS:
- Background. Until 1989, DMV records were considered public records, unless state law specifically made them confidential, as was the case for peace officers' addresses. Therefore, until 1989, home addresses were not considered confidential, and any person who gave a reason that DMV deemed legitimate, and could present to DMV a person's driver's license number or license plate number, could obtain address information on that individual. In 1989, actress Rebecca Schaeffer was stalked and killed. The murderer obtained her address from a private investigation agency doing business in Arizona. The private investigation agency acquired her address through a subcontractor agent in California, who obtained it from DMV. In response, the Legislature enacted AB 1779 (Roos)/Chapter 1213 of 1989, which made home addresses in DMV records confidential, with specified exceptions.
Under current law, 23 classes of persons, primarily those in law enforcement fields, plus the spouses and children of those persons, may request that their home addresses be held confidential by DMV. The home address of these persons may only be disclosed to a court, a law enforcement agency, the state Board of Equalization (BOE), or any governmental agency legally required to be furnished that information. For all other individuals, home addresses contained within DMV records are confidential, and may only be disclosed with the same exceptions as for the 23 classes above, plus limited disclosure for financial institutions, insurance companies, attorneys, vehicle manufacturers, and persons doing statistical research.
- Purpose. According to the California State Sheriff’s Association (sponsor), the confidentiality provisions relating to the designated protected classes extend to when a law enforcement officer queries DMV databases for information by running a person’s license plate. In the case of a child or spouse of a person whose address is held confidential, the result that appears when the DMV database is queried displays the address of the agency with whom the eligible person is employed. For example, when running the license plate of a child of an officer of the Sacramento Police Department, the address that appears with the license plate record is the address of the Department. According to the Sheriff’s Association, this can result in incomplete information and a false sense of security for officers when the person whose information is shielded has a felony record and may be dangerous.
By removing the confidentiality protections for peace officers’ children and spouses of who are convicted of felonies upon notification to the DMV of the disqualifying conviction, the author intends to enhance the safety of law enforcement in already dangerous situations, such as traffic stops and pursuits.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: June 27, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 1311
Author:(Glazer) – As Amended Ver:May 17, 2016
SENATE VOTE: 36-2
SUBJECT: Vehicles: confidential home address
SUMMARY: Requires the Department of Motor Vehicles (DMV) to discontinue holding a home address confidential for a child or spouse of specified persons if the child or spouse is convicted of a felony. Specifically, this bill:
- Requires DMV to discontinue holding a home address confidential for a child or a spouse of the following persons, living or deceased if killed in the line of duty, if the child or spouse is convicted of a felony in this state or convicted of an offense in another jurisdiction that, if committed in California, would be a felony:
- A non-sworn police dispatcher;
- An active or retired peace officer;
- A non-sworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol (CHP), a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody; and
- A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position, as specified.
- Requires DMV to comply with the above requirement upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as DMV otherwise becomes aware of the disqualifying conviction.
EXISTING LAW:
- Lists 23 classes of persons, primarily in law enforcement fields, plus the spouses and children of those persons, that may request that their home addresses be held confidential by DMV. The home addresses of these persons may only be disclosed to a court; a law enforcement agency; the State Board of Equalization; an attorney in a civil or criminal action who demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena; and any governmental agency legally required to be furnished the information.
- Provides that the child or spouse of any of the 23 designated classes of persons may also request that their home address be held confidential, unless the child or spouse has been convicted of a crime and is on active parole or probation
- Provides that the confidentially provisions above terminate three years after the end of that person’s qualifying employment.
- Provides that if the termination or separation of employment is the result of a criminal complaint, the confidentiality protections shall apply during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld
- Makes confidential the home addresses of all individuals contained within DMV records. These provisions similarly allow for disclosure to courts, law enforcement agencies, and other governmental agencies, but also allow for limited disclosure to financial institutions, insurance companies, attorneys, vehicle manufacturers, and persons doing statistical research.
- Authorizes DMV to suppress all records for at least one year for persons who are under threat of death or bodily injury. Under these circumstances, the entire record, including the address, is rendered inaccessible.
FISCAL EFFECT: Unknown
COMMENTS: Until 1989, DMV records were considered public records unless state law specifically made them confidential, as was the case for the addresses of peace officers and certain other officials thought to be at risk. Because home addresses were not considered confidential, any person who gave a reason that DMV deemed legitimate and could present to DMV a person's driver's license number or license plate number could obtain address information on that individual.
In 1989, actress Rebecca Schaeffer was stalked and killed. The murderer obtained her address from a private investigation agency doing business in Arizona. The private investigation agency acquired her address through a subcontractor agent in California, who obtained it from DMV. In response, the Legislature enacted AB 1779 (Roos), Chapter 1213, Statutes of 1989, which made all home addresses in DMV records confidential, with limited exceptions, including to law enforcement officers during the conduct of their duties. AB 1779 left in place existing confidentiality provisions that applied only to peace officers and certain other officials. The list of those to whom the pre-AB 1779 confidentiality provisions apply now includes 23 classes of persons, plus the children and spouses of those persons. To date, DMV is not aware of any instances since the implementation of AB 1779 where DMV home address information has been used for physical harm or for violent criminal purposes.
According to the California State Sheriff’s Association, the sponsors of SB 1311, the confidentiality provisions relating to the designated protected classes extend to when a law enforcement officer queries DMV databases for information by running a person’s license plate. In the case of a child or spouse of a person whose address is held confidential, the result that appears when the DMV database is queried displays the address of the agency with whom the eligible person is employed. For example, when running the license plate of a child of an officer of the Sacramento Police Department, the address that appears with the license plate record is the address of the Department. According to the Sheriff’s Association, this can result in incomplete information and a false sense of security for officers when the person whose information is shielded has a felony record and may be dangerous.
By removing the confidentiality protections for children and spouses of peace officers who are convicted of felonies upon notification to the DMV of the disqualifying conviction, the author intends to enhance the safety of law enforcement in already dangerous situations, such as traffic stops and pursuits.
Committee concerns: While a child or spouse of a peace officer cannot request to have their address held confidential if they have been convicted of a crime and is on active parole or probation, SB 1311 would only remove someone’s confidentiality protections if they are reported as being convicted of a felony. This seems to create two standards for being denied or losing the confidentiality privilege: a crime, presumably of any level of severity, precludes a child or spouse of a peace officer from requesting confidentiality if they are on parole or probation, while a person is only eligible to lose that privilege if they already enjoy it when they are convicted of a felony.
Under existing law, a peace officer or other designated class of person may lose their confidentiality protections upon the termination of their employment at the discretion of the employing agency, if the termination is a result of a criminal complaint. The practical outcome of this existing process is similar to the outcome of the process for removing a person’s confidentiality protections proposed by SB 1311, but there is currently no automatic trigger for the employee to lose this privilege as there is in this bill, specifically, conviction of a felony. Inconsistent standards of what triggers the loss of address confidentiality protections could be made uniform across all classes of persons who enjoy that privilege.
Furthermore, while the bill’s sponsors argue the efforts of law enforcement are furthered when an officer can access a person’s full driving record and that the existing confidentiality provisions shield that record from law enforcement, existing law clearly states that the confidential home address of a designated person may be disclosed to law enforcement. It is unclear why an officer could not avail him or herself of this existing exemption.
Because DMV is not required to be alerted when a person is convicted of a felony or of an offense committed out of state that would be a felony in California, the department would likely have to rely on the employing agency of the employee whose child or spouse has been convicted to report the disqualifying conviction. There is no requirement in SB 1311 for the employing agency to alert DMV of a disqualifying conviction, creating the potential for an inconsistent standard of when an agency alerts DMV.
Because SB 1311 would not remove any of the blanket confidentiality provisions for DMV records, there does not appear to be any significant risk of a person’s information falling into the hands of anyone outside of the law enforcement community.
While the need for this bill is unclear, it seems reasonable to restrict the privilege to a confidential address record if the person enjoying that privilege poses a potential safety risk to a peace officer.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriff’s Association (Sponsor)
Opposition
None on file
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1311
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/12/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/19/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SOURCE: California State Sheriffs’ Association
DIGEST: This bill requires the Department of Motor Vehicle (DMV) to discontinue holding the home address of the child or spouse of a specified public safety employee confidential if the child or spouse is convicted of a felony in California or a crime in another state that would be a felony in California.
Existing law:
- Makes every residence address in DMV records confidential except to a court, government agency, or law enforcement agency, as specified.
- Lists 23 categories of individuals who may also have their residence address in DMV records confidential more generally upon request. Among those categories:
- Attorney General
- State Public Defender
- A member of the Legislature, a board of supervisors, or a city council
- A judge or court commissioner
- A district attorney, public defender, or attorney employed by the Department of Justice
- An active or retired peace officer; a police or sheriff department employee designated by the chief or sheriff as being in a sensitive position; a nonsworn police dispatcher; a nonsworn employee of a city police department, county sheriff’s office, the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, as specified
Home addresses for spouses and children of these individuals may also be kept confidential. In general, the confidentiality is lifted three years after the termination of employment. Confidentiality may also be lifted if the officer is terminated as the result of a conviction of a criminal offense.
This bill requires the DMV to discontinue holding a home address confidential for the spouse or children of persons in subdivision (f) above if the child or spouse is convicted of a felony in California or a crime in another state that would be a felony in California. The DMV will comply upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person.
Comments
Author’s statement. The author believes that concealing an individual’s home address from inspection in the DMV databases is a necessary protection for people who work in positions that put them in harm’s way, such as judges, peace officers, and local elected officials. Public safety is at risk when undeserving individuals have their home address concealed. When a peace officer stops a car and receives incomplete information because the home address is concealed, officer safety is jeopardized, according to the author.
The problem. This bill is sponsored by the California State Sheriffs’ Association, which is concerned that home address confidentiality cannot be discontinued until at least three years have passed from the person’s termination of employment, unless that person is convicted of a crime. They believe that certain individuals should not be permitted to continue to enjoy the confidentiality protection if there is inappropriate activity that falls short of a criminal conviction.
What happens when a car is pulled over. An officer pulling over a car will run the license plates through the DMV database. If the registered owner has a confidential home address, the officer will see the name of the institution under which the owner qualified for confidentiality (e.g., Sacramento Police Department). According to the sponsor, that may provide the officer with a false sense of comfort regarding the driver, thereby endangering the officer.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Sheriffs’ Association (source)
California Police Chiefs Association Inc.
OPPOSITION: (Verified 5/16/16)
None received
5/18/16 16:28:05
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1311 Hearing Date: April 19, 2016
Author: | Glazer | ||
Version: | April 5, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Vehicles: Confidential Home Address
HISTORY
Source: California State Sheriffs’ Association
Prior Legislation: SB 372 (Galgiani) 2015 this version held in Senate Appropriations
SB 767 (Lieu) (as amended in the Assembly) failed Assembly
Transportation, 2014
AB 2687 (Bocanegra) – Ch. 273, Stats. 2014
AB 1270 (Eggman) – failed Assembly Appropriations, 2013
AB 923 (Swanson) – failed Assembly Appropriations, 2009
AB 529 (Lowenthal) – failed Assembly Appropriations, 2009
AB 1958 (Swanson) – failed Assembly Appropriations, 2008
AB 1311 (Berryhill) – not heard Assembly Transportation, 2007
AB 1706 (Strickland) – failed Assembly Transportation, 2005
AB 2012 (Chu) – section amended out of the bill, 2004
AB 130 (Campbell) – not heard Assembly Transportation, 2003
AB 246 (Cox) – not heard Assembly Transportation, 2003
AB 1775 (Ortiz) – no vote in Senate Public Safety, 2002
AB 84 (Hertzberg) – Ch. 809, Stats. 2001
AB 1029 (Oropeza) – Ch. 486, Stats. 2001
AB 151 (Longville) – vetoed, 2000
AB 298 (Battin) – held in Assembly Transportation, 2000
AB 1310 (Granlund) – vetoed, 2000
AB 1358 (Shelley) – Ch. 808, Stats. 2000
AB 1864 (Correa) – held Assembly Appropriations, 2000
SB 171 (Knight) – vetoed, 1998
AB 1941 (Bordonaro) – Ch. 880, Stats. 1996
AB 191(Cannella) – died in Sen. Committee on Criminal Procedure, 1996
AB 3033 (Baca) – died in Sen. Committee on Criminal Procedure, 1996
AB 3391 (Ducheny) – never heard, 1996
AB 688 (Frusetta) – died in Sen. Committee on Criminal Procedure, 1996
AB 1396 (Poochigian) – died in Sen. Committee on Criminal Procedure,
1996
Support: Unknown
Opposition: None known
NOTE: Analysis reflects amendments the author agreed to accept in the Transportation
and Housing Committee which will be taken in this Committee.
PURPOSE
The purpose of this bill is to provides that DMV shall discontinue holding a home address under the enhanced confidentiality provision if a child or spouse of a person of someone eligible for enhanced confidentiality is convicted of a felony in this state or is convicted of an offense in another jurisdiction that if committed in California would be a felony.
Under existing law the residential addresses of certain public employees and their families are confidential. (Vehicle Code §§ 1808.4 and 1808.6 - began in 1977.)
Existing law states that all residence addresses in any record of the Department of Motor Vehicles (DMV) are confidential and shall not be disclosed to any person, except a court, law enforcement agency, or other governmental agency, or as authorized in section 1808.22 of the Vehicle Code. (Vehicle Code §§ 1808.21 - added in 1989.)
Existing law states that any person may seek suppression of any DMV registration or driver’s license record if he or she can show that he or she is the subject of stalking or a threat of death or great bodily injury. The suppression will be for a period of one year renewable for two more one year periods. (Vehicle Code § 1808.21(d).)
Existing law provides that the home address of specified persons which appear in the records of DMV is confidential upon the request of the person and that it not be disclosed except as specified. (Vehicle Code §§ 1808.4 and 1808.6.)
Existing law provides that the willful, unauthorized disclosure of this information as it relates to specified law enforcement (peace officers, employees of city police departments, and county sheriffs’ offices and their families) that results in the bodily injury to the individual or individuals whose specified information was confidential, is a felony. (Vehicle Code §§ 1808.4.)
Existing law provides that the release of such confidential information, for all other persons specified, is a misdemeanor and punishable by a fine of up to $5,000 and/or by up to one year in a county jail. (Vehicle Code § 1808.45.)
This bill provides that DMV shall discontinue holding a home address under the enhanced confidentiality provision if a child or spouse of a person of someone eligible for enhanced confidentiality is convicted of a felony in this state or is convicted of an offense in another jurisdiction that if committed in California would be a felony.
COMMENTS
1. Need for This Bill
According to the author:
Vehicle Code Section 1808.4 allows persons who fall into certain statutorily designated employment classes (e.g. judges, public sector attorneys, peace officers, and local elected officials) to have their home addresses shielded from inspection, including when a peace officer queries DMV databases for information by running a person’s license plate. In addition to the persons who hold the specific jobs referenced in statute, the protection extends to their spouse or child, regardless of where the spouse or child resides.
While this protection is necessary for people who work in positions that put them in harm’s way, it is too difficult to remove this status – even in situations where public safety may be at risk. When a peace officer stops a car and receives incomplete information or information that provides a false sense of security, officer safety is jeopardized. Despite their authority to authorize confidentiality, law enforcement agencies are unable to rescind this status.
Home address license plate confidentiality cannot be discontinued until at least three years have passed from the person’s termination of employment that originally qualified him or her for this status, unless the person is convicted of a crime. This problem is exacerbated by the fact that the program covers children and spouses of protected officers.
Certain individuals should not be permitted to continue to enjoy this protection for as long as current law allows because of inappropriate activity that falls short of a criminal conviction.
2. Background of DMV Confidentiality
Vehicle Code section 1808.4 was added by statute in 1977 to provide confidentiality of home addresses to specified public employees and their families.
In 1989, Vehicle Code section 1808.21 was added to make all residence addresses contained within the Department of Motor Vehicle files confidential. Vehicle Code section 1808.21(a) states the following:
The residence address in any record of the department is confidential and cannot
be disclosed to any person except a court, law enforcement agency, or other governmental agency, or as authorized in Section 1808.22 or 1808.23.
This section was further amended in 1994 to allow individuals under specific circumstances to request that their entire records be suppressed. Any individual who is the subject of stalking or who is experiencing a threat of death or great bodily injury to his or her person may request their entire record to be suppressed under this section.
Upon suppression of a record, each request for information about that record has to be authorized by the subject of the record or verified as legitimate by other investigative means by the DMV before the information is released.
A record is suppressed for a one-year period. At the end of the one year period, the suppression is continued for a period determined by the department and if the person submits verification acceptable to the department that he or she continues to have reasonable cause to believe that he or she is the subject of stalking or that there exists a threat of death or great bodily injury to his or her person.
DMV has long maintained that all residence addresses are suppressed and only persons authorized by statute can access this information.
Under sections 1808.4 and 1808.6 the home addresses of specific individuals are suppressed and can only be accessed through the Confidential Records Unit of the Department of Motor Vehicles while under section 1808.21, the residence address portion of all individuals’ records are suppressed but can be accessed by a court, law enforcement agency, or other governmental agency or other authorized persons.
3. Removal from enhanced confidentiality if a felony is committed
As noted above, while everyone’s DMV information is confidential there are some categories of people who receive enhanced confidentiality. This additional confidentiality extends to the qualified person’s spouse and child and there is no current mechanism to remove the spouse or child for any reason.
As proposed to be amended, by amendments agreed upon in the Transportation and Housing Committee, this bill provides that DMV shall discontinue the enhanced confidentiality of the child or spouse of a qualified person if that child or spouse is convicted of a felony.
4. Support
According to the sponsor the California Sheriffs’ Association:
Existing law, Vehicle Code Section 1808.4, provides specific home address confidentiality for records held by the DMV. Even though all DMV records are now confidential, Section 1808.4 allows persons who fall into certain statutorily designated employment classes (e.g. judges, public attorneys, peace officers, and local elected officials) to have their home addresses shielded from inspection, including when a peace officer queries DMV databases for information by running a person’s license plate. In addition to the persons who hold the specific jobs referenced in VC 1808.4, the protection extends to any such officer’s spouse or child, regardless of where the spouse or child resides.
While this protection is necessary for certain people who work in positions that put them in harm’s way, there are limited ways to end this protection. An officer or law enforcement employee’s child or spouse who is convicted of a felony should not continue to receive this protection, and SB 1311 makes this change. As proposed to be amended, the bill comports with existing provisions that end or prevent this special protection if an officer is terminated because of a criminal conviction or a family member is on active parole or probation.
6. Amendments to be Taken in Committee
The following amendments will be taken in Committee, as agreed upon in the Transportation and Housing Committee:
- Delete page 5 lines 1-11 and lines 26- 30
- Insert on page 4 line 5:
(D) The department shall discontinue holding a home address confidential pursuant to subdivision (a) if a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
-- END –
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 4/12/2016
Author: | Glazer | ||
Version: | April 5, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT:
DIGEST: This bill requires the DMV to discontinue holding the home address of specified public safety employees confidential if directed to do so by the head of the agency employing that individual.
ANALYSIS:
Existing law makes every residence address in Department of Motor Vehicle (DMV) records confidential except to a court, government agency or law enforcement agency, as specified.
Existing law lists 23 categories of individuals who may also have their residence address in DMV records confidential more generally upon request. Among those categories:
- Attorney General
- State Public Defender
- A member of the Legislature, a board of supervisors, or a city council
- A judge or court commissioner
- A district attorney, public defender, or attorney employed by the Department of Justice
- An active or retired peace officer; a police or sheriff department employee designated by the chief or sheriff as being in a sensitive position; a nonsworn police dispatcher; a nonsworn employee of a city police department, county sheriff’s office, the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, as specified
Home addresses for spouses and children of these individuals may also be kept confidential. In general, the confidentiality is lifted three years after the termination of employment. Confidentiality may also be lifted if the officer is terminated as the result of a conviction of a criminal offense.
This bill requires the DMV to discontinue holding a home address confidential for persons in category six above or their spouse or children, upon receipt of written notification from the sheriff, chief of police, or other head of an employing agency of the employee and a hearing by the DMV where it concurs with the request.
COMMENTS:
Purpose. The author believes that concealing an individual’s home address from inspection in the DMV databases is a necessary protection for people who work in positions that put them in harm’s way, such as judges, peace officers, and local elected officials. Public safety is at risk when undeserving individuals have their home address concealed. When a peace officer stops a car and receives incomplete information because the home address is concealed, officer safety is jeopardized. This bill authorizes the head of a law enforcement agency that authorizes the concealment to direct the DMV to discontinue that concealment after a hearing.
The problem. This bill is sponsored by the California State Sheriffs’ Association, which is concerned that home address confidentiality cannot be discontinued until at least three years have passed from the person’s termination of employment, unless that person is convicted of a crime. They believe that certain individuals should not be permitted to continue to enjoy the confidentiality protection if there is inappropriate activity that falls short of a criminal conviction.
What happens when a car is pulled over. An officer pulling over a car will run the license plates through the DMV database. If the registered owner has a confidential home address, the officer will see the name of the institution under which the owner qualified for confidentiality (e.g., Sacramento Police Department). According to the sponsor, in some cases that may provide the officer with a false sense of comfort regarding the driver, thereby endangering the officer.
Potential for abuse. Opponents are concerned that this bill could be abused and that sheriffs or chiefs of police could threaten to take away an officer’s address confidentiality for personal or political purposes. An earlier version of the bill gave the sheriffs or chiefs of police sole discretion to revoke the confidentiality. However, recent amendments add a hearing process, wherein the DMV would notify the individual whose confidentiality is proposed to be revoked and hold a hearing, if that individual responds and wishes to contest the request.
This bill appears overly broad as it allows a sheriff or chief of police to discontinue the confidentiality for any reason. Moreover, this bill does not establish criteria for the DMV to use in its hearing. The author may wish to consider creating allowable criteria for discontinuing the confidentiality (e.g., the spouse or child is convicted of a crime) and for the DMV to use in its hearing (e.g., the public safety benefit of lifting the confidentiality outweighs the confidentiality benefit to the individual).
Double-referral. This bill has also been referred to the Senate Public Safety Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 6, 2016.)
SUPPORT:
California State Sheriffs’ Association (sponsor)
California Police Chiefs Association, Inc.
OPPOSITION:
California Association of Highway Patrolmen (prior version)
Peace Officers Research Association of California (prior version)
-- END --
Discussed in Hearing
2MIN
Assembly Standing Committee on Transportation
2MIN
Senate Floor
2MIN
Senate Standing Committee on Public Safety
10MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):