BILL NUMBER: AB 906 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2011
AMENDED IN SENATE JULY 6, 2011
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 17, 2011
An act to amend Section 2166.5 of the Elections Code, and to amend
Sections 6205, 6205.5, 6206, and 6206.7 and
6206 of, and to amend the heading of Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of,
and to add Section 6209.8 to, the Government Code, relating to
protection of victims and witnesses.
LEGISLATIVE COUNSEL'S DIGEST
AB 906, as amended, Galgiani. Protection of victims and murder
witnesses: address confidentiality.
(1) Existing law authorizes victims of domestic violence, sexual
assault, or stalking to complete an application in person at a
community-based victims' assistance program to be approved by the
Secretary of State for the purpose of enabling state and local
agencies to respond to requests for public records without disclosing
a program participant's residence address contained in any public
record and otherwise provide for confidentiality of identity for that
person, subject to specified conditions. Any person who makes a
false statement in an application is guilty of a misdemeanor.
Existing law allows the address confidentiality program
manager to terminate a program participant's certification for, among
other things, the participant's use of false information in the
application process.
This bill would include witnesses who testified in a murder trial
within these provisions. The bill would provide that a witness who
testified in a murder trial or has been subpoenaed to testify in
a murder trial would be charged a fee for enrolling in the
program, and may be charged an annual fee, as specified, for
participating in the program. The bill would prohibit the
fee to enroll in the program and the annual fee to defray the costs
of maintaining the program would not exceed
from exceeding the reasonable costs to the state. The bill
would require the applicant to provide a letter from the prosecuting
attorney stating agency recommending the
applicant be enrolled in the program on the ground that
either the applicant was a witness in a murder trial and that
the applicant's testimony was substantially related to the murder
charge or the applicant has been subpoenaed to testify in a
murder trial to provide testimony that is substantially related to
the murder charge . The bill would provide that the decision of
whether to provide the letter shall be within the sole
discretion of the prosecuting attorney
agency, in consultation with the investigating officer or agency
. This bill would require the address confidentiality
program manager to terminate the certification of a program
participant who entered the program as a murder witness upon the
participant's conviction of a misdemeanor or felony when the
misdemeanor or felony was committed on or after the date of the
participant's application to participate in the program.
The bill would also provide that these provisions do not apply
to posting of Department of Justice information on the Internet.
By including a new category of eligible persons, this bill
would impose new duties on local public officials and expand the
scope of an existing crime, thereby creating 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2166.5 of the Elections Code is amended to
read:
2166.5. (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking, and for Murder Witnesses program pursuant to
Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1
of the Government Code or a participant in the Address
Confidentiality for Reproductive Health Care Service Providers,
Employees, Volunteers, and Patients program pursuant to Chapter 3.2
(commencing with Section 6215) of that division.
(b) Any person granted confidentiality under subdivision (a)
shall:
(1) Be considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise by the Secretary of State or in writing by the voter. A
voter requesting termination of vote by mail status thereby consents
to placement of his or her residence address, telephone number, and
e-mail address in the roster of voters.
(2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
SEC. 2. The heading of Chapter 3.1 (commencing with Section 6205)
of Division 7 of Title 1 of the Government Code is amended to read:
CHAPTER 3.1. ADDRESS CONFIDENTIALITY FOR VICTIMS OF DOMESTIC
VIOLENCE, SEXUAL ASSAULT, AND STALKING, AND FOR MURDER WITNESSES
SEC. 3. Section 6205 of the Government Code is amended to read:
6205. The Legislature finds that persons attempting to escape
from actual or threatened domestic violence, sexual assault, or
stalking, or harm for testifying in a murder trial frequently
establish new names or addresses in order to prevent their assailants
or probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to requests
for public records without disclosing the changed name or location of
a victim of domestic violence, sexual assault, or stalking, or of a
witness who testified in a murder trial to enable interagency
cooperation with the Secretary of State in providing name and address
confidentiality for victims of domestic violence, sexual assault, or
stalking, and for witnesses who testified in a murder trial, and to
enable state and local agencies to accept a program participant's use
of an address designated by the Secretary of State as a substitute
mailing address.
SEC. 4. Section 6205.5 of the Government Code is amended to read:
6205.5. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
(b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
(c) "Program participant" means a person certified as a program
participant under Section 6206.
(d) "Sexual assault" means an act or attempt made punishable by
Section 220, 261, 261.5, 262, 264.1, 266c, 269, 285, 286, 288, 288.5,
288a, 289, or 647.6 of the Penal Code.
(e) "Stalking" means an act as defined in Section 646.9 of the
Penal Code.
(f) "Murder witness" means a witness who testified in a murder
trial or has been subpoenaed to testify in a murder trial
.
SEC. 5. Section 6206 of the Government Code is amended to read:
6206. (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person
may apply to the Secretary of State to have an address designated by
the Secretary of State serve as the person's address or the address
of the minor or incapacitated person. An application shall be
completed in person at a community-based victims' assistance program.
The application process shall include a requirement that the
applicant shall meet with a victims' assistance counselor and receive
orientation information about the program. The Secretary of State
shall approve an application if it is filed in the manner and on the
form prescribed by the Secretary of State and if it contains all of
the following:
(1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
(A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence, sexual assault, or stalking, or is a witness who testified
in a murder trial.
(B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
(2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or
sexual assault, or is a witness who testified in a murder trial, the
application may be accompanied by evidence including, but not limited
to, any of the following:
(A) Police, court, or other government agency records or files.
(B) Documentation from a domestic violence or sexual assault
program if the person is alleged to be a victim of domestic violence
or sexual assault.
(C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence or sexual assault or possible harm for testifying
in a murder trial.
(D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence or sexual assault.
(3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application shall be accompanied by evidence including, but not
limited to, any of the following:
(A) Police, court, or other government agency records or files.
(B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
(C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
(4) A statement of whether there are any existing court orders
involving the applicant for child support, child custody, or child
visitation, and whether there are any active court actions involving
the applicant for child support, child custody, or child visitation,
the name and address of legal counsel of record, and the last known
address of the other parent or parents involved in those court orders
or court actions.
(5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the Office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
(C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
(D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
(6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
(7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk to
the applicant of domestic violence, sexual assault, or stalking, or
the risk of harm to a witness who testified in a murder trial.
(8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
(b) Applications shall be filed with the office of the Secretary
of State.
(c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure.
(d) Upon certification, in any case where there are court orders
or court actions identified in paragraph (4) of subdivision (a) and
there is no other or superseding court order dictating the specific
terms of communication between the parties, the Secretary of State
shall, within 10 days, notify the other parent or parents of the
address designated by the Secretary of State for the program
participant and the designation of the Secretary of State as agent
for purposes of service of process. The notice shall be given by
mail, return receipt requested, postage prepaid, to the last known
address of the other parent to be notified. A copy shall also be sent
to that parent's counsel of record.
(e) (1) An application submitted by a witness who testified in a
murder trial shall be accompanied by both of the following:
(A) A letter from the prosecuting attorney stating that the
applicant was a witness in a murder trial and that his or her
testimony was substantially related to the murder charge. The
decision of whether to provide the letter shall be within the
discretion of the prosecuting attorney.
(A) A letter from the prosecuting agency recommending that the
applicant be enrolled in the program on the ground that either the
applicant was a witness in a murder trial and the applicant's
testimony was substantially related to the murder charge or the
applicant has been subpoenaed to testify in a murder trial to provide
testimony that is substantially related to the murder charge. The
decision whether to provide the letter shall be within the sole
discretion of the prosecuting agency, in consultation with the
investigating officer or agency.
(B) Payment of a fee to be determined by the Secretary of State,
which fee shall not exceed the reasonable costs of enrolling the
witness in the program.
(2) In addition, an annual fee may also be assessed by the
Secretary of State for murder witnesses to defray the reasonable
costs of maintaining the program for the murder witness program
participants.
(f) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
SEC. 6. Section 6206.7 of the Government Code
is amended to read:
6206.7. (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card. Certification shall be terminated on the date of
receipt of this notification.
(b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
(1) The program participant's certification term has expired and
certification renewal has not been completed.
(2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
(3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
(4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
(5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
(c) The address confidentiality program manager shall terminate
the certification of a program participant who entered the program as
a murder witness and invalidate the authorization card of the
participant upon the participant's conviction of a misdemeanor or
felony when the misdemeanor or felony was committed on or after the
date of the participant's application to participate in the program.
(d) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b) or a result of subdivision (c), the address
confidentiality program manager shall send written notification of
the intended termination to the program participant. The program
participant shall have five business days in which to appeal the
termination under procedures developed by the Secretary of State.
(e) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
(f) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
(g) Following termination of program participant certification as
a result of subdivision (b) or (c), the address confidentiality
program manager may disclose information contained in the participant'
s application.
SEC. 6. Section 6209.8 is added to the
Government Code , to read:
6209.8. Notwithstanding any other law, nothing in this chapter
applies to the posting of Department of Justice information on the
Internet.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.