AB 487, as introduced, Linder. Vehicles: confidential home address.
(1) Existing law makes confidential the home addresses of specified governmental officers and employees and certain other persons that appear in the Department of Motor Vehicles records, if the officer, employee, or other person requests that his or her address be kept confidential, with certain exemptions for information available to specified governmental agencies.
This bill would require a person who requests the confidentiality of his or her home address to provide the department with a current employment address for purposes of processing the service and collection of a traffic, parking, or toll road violation. The bill would require that the applicable statutory time periods for processing the service and collection of traffic, parking, or toll road violations be tolled until the department provides the law enforcement agency, governmental agency, or issuing agency with the person’s current employment address. The bill would also require a person who has requested the confidentiality of his or her home address to notify the department of any change in his or her employment address within 10 days.
The bill would require the department to update the form to request confidentiality of the person’s home address to include the requirement that the person requesting confidentiality provide a current employment address and would also require the department to distribute and make available copies of the updated form to the human resources office of each agency that employs any of the eligible persons listed pursuant to these provisions.
The bill would require the human resources office of a new employee requesting confidentiality or an employee who has an existing confidentiality application on file with the department to make the updated form available to new and current employees and to require, on and after January 1, 2014, that all new employees requesting confidentiality or employees who have an existing application on file with the department complete and return the form with their current employment address to their human resources office. The bill would also require the human resources office to forward all new application forms to the Confidential Records Unit (CRU) of the department upon receipt from the new employee and forward the completed updated forms of existing employees who have an application on file with the department to the CRU of the department by April 1, 2015. This bill would require the department to update the record of persons subject to these provisions as his or her vehicle registration becomes due.
By creating new crimes, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1808.4 of the Vehicle Code is amended
(a) For all of the following persons, his or her home
4address that appears in a record of the department is confidential
5if the person requests the confidentiality of that information:
6(1) Attorney General.
7(2) State Public Defender.
8(3) A Member of the Legislature.
9(4) A judge or court commissioner.
P3 1(5) A district attorney.
2(6) A public defender.
3(7) An attorney employed by the
Department of Justice, the
4office of the State Public Defender, or a county office of the district
5attorney or public defender.
6(8) A city attorney and an attorney who submits verification
7from his or her public employer that the attorney represents the
8city in matters that routinely place the attorney in personal contact
9with persons under investigation for, charged with, or convicted
10of, committing criminal acts, if that attorney is employed by a city
12(9) A nonsworn police dispatcher.
13(10) A child abuse investigator or social worker, working in
14child protective services within a social services department.
15(11) An active or retired peace officer, as defined in Chapter
164.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
18(12) An employee of the Department of Corrections and
19Rehabilitation, Division of Juvenile Facilities, or the Prison
20Industry Authority specified in Sections 20403 and 20405 of the
22(13) A nonsworn employee of a city police department, a county
23sheriff’s office, the Department of the California Highway Patrol,
24a federal, state, or local detention facility, or a local juvenile hall,
25camp, ranch, or home, who submits agency verification that, in
26the normal course of his or her employment, he or she controls or
27supervises inmates or is required to have a prisoner in his or her
28care or custody.
29(14) A county counsel assigned to child abuse cases.
30(15) An investigator employed by the Department of Justice, a
31county district attorney, or a county public defender.
32(16) A member of a city council.
33(17) A member of a board of supervisors.
34(18) A federal prosecutor, criminal investigator, or National
35Park Service Ranger working in this state.
36(19) An active or retired city enforcement officer engaged in
37the enforcement of the Vehicle Code or municipal parking
39(20) An employee of a trial court.
40(21) A psychiatric social worker employed by a county.
P4 1(22) A police or sheriff department employee designated by the
2chief of police of the department or the sheriff of the county as
3being in a sensitive position. A designation pursuant to this
4paragraph shall, for purposes of this section, remain in effect for
5three years subject to additional designations that, for purposes of
6this section, shall remain in effect for additional three-year periods.
7(23) A state employee in one of the following classifications:
8(A) Licensing Registration Examiner, Department of Motor
10(B) Motor Carrier Specialist 1, Department of the California
12(C) Museum Security Officer and Supervising Museum Security
14(24) (A) The spouse or child of a person listed in paragraphs
15(1) to (23), inclusive, regardless of the spouse’s or child’s place
17(B) The surviving spouse or child of a peace officer, as defined
18in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
192 of the Penal Code, if the peace officer died in the line of duty.
20(C) (i) Subparagraphs (A) and (B) shall not apply if the person
21listed in those subparagraphs was convicted of a crime and is on
22active parole or probation.
23(ii) For requests made on or after January 1, 2011, the person
24requesting confidentiality for their spouse or child listed in
25subparagraph (A) or (B) shall declare, at the time of the request
26for confidentiality, whether the spouse or child has been convicted
27of a crime and is on active parole or probation.
28(iii) Neither the listed person’s employer nor the department
29shall be required to verify, or be responsible for verifying, that a
30person listed in subparagraph (A) or (B) was convicted of a crime
31and is on active parole or probation.
32(b) The confidential home address of a person listed in
33subdivision (a) shall not be disclosed, except to any of the
35(1) A court.
36(2) A law enforcement agency.
37(3) The State Board of Equalization.
38(4) An attorney in a civil or criminal action that demonstrates
39to a court the need for the home address, if the disclosure is made
40pursuant to a subpoena.
P5 1(5) A governmental agency to which, under any provision of
2law, information is required to be furnished from records
3maintained by the department.
4(c) (1) A record of the department containing a confidential
5home address shall be open to public inspection, as provided in
6Section 1808, if the address is completely obliterated or otherwise
7removed from the record.
8(2) Following termination of office or employment, a
9confidential home address shall be withheld from public inspection
10for three years, unless the termination is the result of conviction
11of a criminal offense. If the termination or separation is the result
12of the filing of a criminal complaint, a confidential home address
13shall be withheld from public inspection during the time in which
14the terminated individual may file an appeal from termination,
15while an appeal from termination is ongoing, and until the appeal
16process is exhausted, after which confidentiality shall be at the
17discretion of the employing agency if the termination or separation
18is upheld. Upon reinstatement to an office or employment, the
19protections of this section are available.
20(3) With respect to a retired peace officer, his or her home
21address shall be withheld from public inspection permanently upon
22request of confidentiality at the time the information would
23otherwise be opened. The home address of the surviving spouse
24or child listed in subparagraph (B) of paragraph (24) of subdivision
25(a) shall be withheld from public inspection for three years
26following the death of the peace officer.
27(4) The department shall inform a person who requests a
28confidential home address what agency the individual whose
29address was requested is employed by or the court at which the
30judge or court commissioner presides.
19 A violation of subdivision (a) by the disclosure of the
20confidential home address of a peace officer, as specified in
21paragraph (11) of subdivision (a), a nonsworn employee of the
22city police department or county sheriff’s office, or the spouses or
23children of these persons, including, but not limited to, the
24surviving spouse or child listed in subparagraph (B) of paragraph
25(24) of subdivision (a), that results in bodily injury to the peace
26officer, employee of the city police department or county sheriff’s
27office, or the spouses or children of these persons is a felony.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California