Today's Law As Amended


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AB-1029 Confidential DMV records.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 1808.4 of the Vehicle Code is amended to read:

1808.4.
 (a) For all of  The home address of any of  the following persons, the person’s home address  that appears in a any  record of the department department,  is confidential if the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender. public defender. 
(3) A Member  Members  of the Legislature.
(4) An active or retired judge or court commissioner. Judges or court commissioners. 
(5) A district attorney. District attorneys. 
(6) A public defender. Public defenders. 
(7) An attorney  Attorneys  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, city prosecutor, or an attorney who submits City attorneys and attorneys who submit  verification from their public employer that the attorney represents the  they represent the  city in matters that routinely place the attorney  them  in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is those attorneys are  employed by a city attorney or city prosecutor. city attorneys. 
(9) A nonsworn  Nonsworn  police dispatcher. dispatchers. 
(10) A child  Child  abuse investigator investigators  or social worker, workers,  working in child protective services within a social services department.
(11) An active  Active  or retired peace officer, officers,  as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12) An employee  Employees  of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities,  Corrections, the Department of the Youth Authority,  or the Prison Industry Authority specified in Sections 20403 20017.77  and 20405 20017.79  of the Government Code.
(13) A nonsworn employee  Nonsworn employees  of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a  federal, state, or and  local detention facility, or a local juvenile hall, camp, ranch, or home, who submits facilities, and local juvenile halls, camps, ranches, and homes, who submit  agency verification that, in the normal course of the employee’s employment, the employee controls or supervises inmates or is their employment, they control or supervise inmates or are  required to have a prisoner in the employee’s  their  care or custody.
(14) A county counsel  County counsels  assigned to child abuse cases.
(15) An investigator  Investigators  employed by the Department of Justice, a county district attorney, or a county public defender.
(16) A member  Members  of a city council.
(17) A member  Members  of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or Federal prosecutors and criminal investigators and  National Park Service Ranger Rangers  working in this state.
(19) An Any  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) (20)  A Any  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 Any  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) (21)  (A) The spouse or child of a any  person listed in paragraphs (1) to (23), (20),  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) The surviving spouse or child of a judge or court commissioner, if the judge or court commissioner died in the performance of their duties.
(D) (i) Subparagraphs (A), (B), and (C) do 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), (B), or (C) 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), (B), or (C) was convicted of a crime and is on active parole or probation.
(E) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A), (B), or (C) who is the child or spouse of a person described in paragraph (4), (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) (b)  A  The confidential home address of any of the persons listed in subdivision (a) shall not be disclosed to any person, except a court, a law enforcement agency, the State Board of Equalization, or any  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) (c)  With respect to a retired peace officer, the peace officer’s home address Any 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. The home address shall be withheld from public inspection for three years following termination of office or employment except with respect to retired peace officers, whose home addresses  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) (21)  of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform any 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. 
(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.
(5) With respect to a retired judge or court commissioner, the retired judge or court commissioner’s 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 (C) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the judge or court commissioner.
(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 sheriff’s office, a judge or court commissioner, as specified in paragraph (4) of subdivision (a), or  or  the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) or (C)  of paragraph (24) (21)  of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, judge or court commissioner, or  or  the spouses or children of these persons persons,  is a felony.

SEC. 2.

 Section 1808.4 of the Vehicle Code is amended to read:

1808.4.
 (a) For all of  The home address of any of  the following persons, the person’s home address  that appears in a any  record of the department is confidential confidential,  if the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender. public defender. 
(3) A Member  Members  of the Legislature.
(4) An active or retired judge or court commissioner. Judges or court commissioners. 
(5) A district attorney. District attorneys. 
(6) A public defender. Public defenders. 
(7) An attorney  Attorneys  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, city prosecutor, or an attorney who submits City attorneys and attorneys who submit  verification from their public employer that the attorney represents the  they represent the  city in matters that routinely place the attorney  them  in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is those attorneys are  employed by a city attorney or city prosecutor. city attorneys. 
(9) A nonsworn  Nonsworn  police dispatcher. dispatchers. 
(10) A child  Child  abuse investigator investigators  or social worker, workers,  working in child protective services within a social services department.
(11) An active  Active  or retired peace officer, officers,  as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12) An employee  Employees  of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities,  Corrections, the Department of the Youth Authority,  or the Prison Industry Authority specified in Sections 20403 20017.77  and 20405 20017.79  of the Government Code.
(13) A nonsworn employee  Nonsworn employees  of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a  federal, state, or and  local detention facility, or a local juvenile hall, camp, ranch, or home, who submits facilities, and local juvenile halls, camps, ranches, and homes, who submit  agency verification that, in the normal course of the employee’s employment, the employee controls or supervises inmates or is their employment, they control or supervise inmates or are  required to have a prisoner in the employee’s  their  care or custody.
(14) A county counsel  County counsels  assigned to child abuse cases.
(15) An investigator  Investigators  employed by the Department of Justice, a county district attorney, or a county public defender.
(16) A member  Members  of a city council.
(17) A member  Members  of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or Federal prosecutors and criminal investigators and  National Park Service Ranger Rangers  working in this state.
(19) An Any  active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20) An Any  employee of a trial court.
(21) A Any  psychiatric social worker employed by a county.
(22) A Any  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 Any  designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations designation  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) (23)  (A) The spouse or child of a any  person listed in paragraphs (1) to (23), (22),  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) The surviving spouse or child of a judge or court commissioner, if the judge or court commissioner died in the performance of their duties.
(D) (i) Subparagraphs (A), (B), and (C) do 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), (B), or (C) 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), (B), or (C) was convicted of a crime and is on active parole or probation.
(E) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A), (B), or (C) who is the child or spouse of a person described in paragraph (4), (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  any of the persons  listed in subdivision (a) shall not be disclosed, except  disclosed  to any person, except 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 Any  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) (c)  With respect to a retired peace officer, the peace officer’s home address Any 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. The home address shall be withheld from public inspection for three years following termination of office or employment except with respect to retired peace officers, whose home addresses  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) (23)  of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform any 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. 
(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.
(5) With respect to a retired judge or court commissioner, the retired judge or court commissioner’s 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 (C) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the judge or court commissioner.
(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 sheriff’s office, a judge or court commissioner, as specified in paragraph (4) of subdivision (a), or  or  the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) or (C)  of paragraph (24) (23)  of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, judge or court commissioner, or  or  the spouses or children of these persons is a felony.
SEC. 3.
 Section 2 of this bill incorporates amendments to Section 1808.4 of the Vehicle Code proposed by both this bill and AB 84. It shall become operative if (1) both bills are enacted and become effective on or before January 1, 2002, (2) each bill amends Section 1808.4 of the Vehicle Code, and (3) this bill is enacted after AB 84, in which case Section 1 of this bill shall not become operative.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.