BILL NUMBER: AB 3	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  APRIL 5, 2011

INTRODUCED BY   Assembly Member Miller

                        DECEMBER 6, 2010

   An act to amend Section 1808.4 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3, as amended, Miller. Vehicles: confidential home addresses:
citations.
   (1) Existing law makes confidential the home addresses of certain
state officers and employees that appear in the Department of Motor
Vehicles records, if an officer or employee requests that his or her
address be kept confidential, with certain exemptions for information
available to specified governmental agencies.
   This bill would require the department, as part of its vehicle
registration renewal process, to provide a person, who requests a
confidential home address, with any outstanding notices of toll
evasion violations  or red light camera violations, as
defined,  that appear in the person's record with the
department. The bill would require this notice to be the same level
of notification as is required to be given to a person who does not
have a confidential home address. The bill would prohibit these
outstanding violations to include a fee or charge for failure to pay
the violation. The bill would authorize the department to collect a
reasonable fee from the person that is necessary to cover the
department's costs to administer these provisions.
   (2) Existing law requires the Department of Motor Vehicles to
refuse to renew the registration of a vehicle if the registered owner
or lessee has been mailed a notice of delinquent parking violation
or a failure to pay a traffic citation and the processing agency has
filed or electronically transmitted to the department an itemization
of the unpaid parking or traffic citation penalty, including the
administrative fee, and the owner or lessee has not paid the penalty
and administrative fee.
   This bill would require the department to refuse to renew the
registration of a vehicle if the processing agency has filed or
electronically transmitted to the department an itemization of the
unpaid  parking or traffic citation penalty  
toll violation,  the department has mailed a notice of a toll
evasion violation  or red light camera violation  ,
and the person has not paid the penalty.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1808.4 of the Vehicle Code is amended to read:
   1808.4.  (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
sheriff's 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.
   (24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's 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 person's 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 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) (1)  As   Notwithstanding statutory time
periods established pursuant to subdivision (a) of Section 40254, for
purposes of processing the service, as  part of its vehicle
registration renewal process, the department shall provide a person,
who requests a confidential home address, with any outstanding
notices of toll evasion violations  or red light camera
violations  that appear on the person's record with the
department. The department shall provide the person with the same
level of notification as is required for notices of toll evasion
violations pursuant to Section 40254  or red light camera
violations pursuant to subdivision (b) of Section 40518  .
The applicable statutory time  periods   period
 for collection of the toll evasion violations  or red
light camera violations  are tolled until the registered
owner of the vehicle receives the notice pursuant to this section.
   (2) Notwithstanding Section 40262.5  or any other law
relating to failure to pay a red light camera violation, any
outstanding toll   , any outstanding toll  evasion
violations  or red light camera violations  , for
which the department provides notification pursuant to this
subdivision, shall not include a fee or charge for failure to pay the
toll evasion penalty  or red light camera violations
 .
   (3) The department may collect from the person a reasonable fee
necessary to cover the department's costs to administer this
subdivision.
   (4) The department shall refuse to renew the registration of a
vehicle if the processing agency has filed or electronically
transmitted to the department an itemization of the unpaid toll
evasion violations  or red light camera violations 
, the department has mailed notice to the person pursuant to this
section, and the person has not paid the penalty. 
   (5) For purposes of this subdivision, a "red light camera
violation" is an alleged violation of Section 21453, 21455, or 22101
that is recorded by an automated enforcement system pursuant to
Section 21455.5. 
   (e) 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 sheriff's 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 sheriff's
office, or the spouses or children of these persons is a felony.