Bill Text: CA AB2366 | 2011-2012 | Regular Session | Amended

California Assembly Bill 2366 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: equipment violations: parking control officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB2366 Detail]

Download: California-2011-AB2366-Amended.html

BILL NUMBER: AB 2366	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 24, 2012

   An act to amend  Section   Sections 
1808.4  and 40225  of the Vehicle Code, relating to 
the Department of Motor Vehicles   vehicles  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2366, as amended, Eng.  Department of Motor 
Vehicles: confidential  records.   records:
equipment violations: parking control officers   . 

    Existing 
    (1)     Existing  law makes
confidential the home address of any of a list of persons that
appears in the Department of Motor Vehicles' records, if the person
requests it to be kept confidential, with certain exemptions for
information available to specified governmental agencies. The list of
persons includes, among others, a nonsworn police dispatcher.
   This bill would add a nonsworn sheriff's security officer to that
list of persons. 
   (2) Existing law provides that the civil penalty for each
equipment violation, including failure to properly display a license
plate, is the amount established for that violation in the Uniform
Bail and Penalty Schedule, except that upon proof of correction, the
penalty is reduced to $10.  
   This bill would require that upon proof of correction, the penalty
is $25 rather than $10. 
   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 nonsworn sheriff's security officer.
   (25) (A) The spouse or child of a person listed in paragraphs (1)
to (24), 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 (25) 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
(25) 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.
   SEC. 2.    Section 40225 of the   Vehicle
Code   is amended to read: 
   40225.  (a) An equipment violation entered on the notice of
parking violation attached to the vehicle under Section 40203 shall
be processed in accordance with this article. All of the violations
entered on the notice of parking violation shall be noticed in the
notice of delinquent parking violation delivered pursuant to Section
40206, together with the amount of civil penalty.
   (b) Whether or not a vehicle is in violation of any regulation
governing the standing or parking of a vehicle but is in violation of
subdivision (a) of Section 5204, a person authorized to enforce
parking laws and regulations shall issue a written notice of parking
violation, setting forth the alleged violation. The violation shall
be processed pursuant to this section.
   (c) The civil penalty for each equipment violation, including
failure to properly display a license plate, is the amount
established for the violation in the Uniform Bail and Penalty
Schedule, as adopted by the Judicial Council, except that upon proof
of the correction to the processing agency, the penalty shall be
reduced to  ten dollars ($10)   twenty-five
dollars ($25)  . The reduction provided for in this subdivision
involving failure to properly display license plates shall only apply
if, at the time of the violation, valid license plates were issued
for that vehicle in accordance with this code. The civil penalty for
each violation of Section 5204 is the amount established for the
violation in the Uniform Bail and Penalty Schedule, as adopted by the
Judicial Council, except that upon proof of the correction to the
processing agency, the penalty shall be reduced to  ten
dollars ($10)   twenty-five dollars ($25)  .
   (d) Fifty percent of any penalty collected pursuant to this
section for registration or equipment violations by a processing
agency shall be paid to the county for remittance to the State
Treasurer and the remaining 50 percent shall be retained by the
issuing agency and processing agency subject to the terms of the
contract described in Section 40200.5.
   (e) Subdivisions (a) and (b) do not preclude the recording of a
violation of subdivision (a) or (b) of Section 4000 on a notice of
parking violation or the adjudication of that violation under the
civil process set forth in this article.