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AB-3 Vehicles: confidential home addresses: citations.(2011-2012)

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AB3:v97#DOCUMENT

Amended  IN  Assembly  April 14, 2011
Amended  IN  Assembly  April 05, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 3


Introduced  by  Assembly Member Miller

December 06, 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   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.