Bill Text: CA AB222 | 2015-2016 | Regular Session | Amended
Bill Title: Vehicle records: confidential home address.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB222 Detail]
Download: California-2015-AB222-Amended.html
BILL NUMBER: AB 222 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2015
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 3, 2015
An act to amend Section 4150 1808.4
of the Vehicle Code, relating to vehicles
vehicle records .
LEGISLATIVE COUNSEL'S DIGEST
AB 222, as amended, Achadjian. Vehicles: vehicle
registration. Vehicle records: confidential home
address.
Existing law prohibits the disclosure of the home addresses of
certain public employees and officials, including an employee of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities or the Prison Industry Authority, that appear in records
of the Department of Motor Vehicles, except to a court, a law
enforcement agency, an attorney in a civil or criminal action under
certain circumstances, and certain other official entities.
This bill would extend that prohibition, subject to those same
exceptions, to the disclosure of the home addresses of an employee of
the State Department of State Hospitals, as specified.
Existing law requires the owner of a vehicle of a type required to
be registered under the Vehicle Code to submit an application for
the original or renewal registration of that vehicle to the
Department of Motor Vehicles upon the appropriate form furnished by
the department.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
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 , or the State
Department of State Hospitals specified in Sections
20403 and 20403, 20405 , and 20407 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 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, State Department of
Social Services.
(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 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 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.
SECTION 1. Section 4150 of the Vehicle Code is
amended to read:
4150. Application for the original or renewal registration of a
vehicle of a type that is required to be registered under this code
shall be made by the owner to the department upon the appropriate
form furnished by it and shall contain all of the following
information:
(a) The true, full name, business or residence and mailing
address, and driver's license or identification card number, if any,
of the owner, and the true, full name and business or residence or
mailing address of the legal owner, if any.
(b) The name of the county in which the owner resides.
(c) A description of the vehicle, including the following data
insofar as it may exist:
(1) The make, model, and type of body.
(2) The vehicle identification number or any other identifying
number as may be required by the department.
(3) The date first sold by a manufacturer, remanufacturer, or
dealer to a consumer.
(d) Any other information that is reasonably required by the
department to enable it to determine whether the vehicle is lawfully
entitled to registration.
