Bill Text: CA SB636 | 2011-2012 | Regular Session | Chaptered
Bill Title: Personal information: Internet disclosure prohibition.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2011-08-31 - Chaptered by Secretary of State. Chapter 200, Statutes of 2011. [SB636 Detail]
Download: California-2011-SB636-Chaptered.html
BILL NUMBER: SB 636 CHAPTERED
BILL TEXT
CHAPTER 200
FILED WITH SECRETARY OF STATE AUGUST 31, 2011
APPROVED BY GOVERNOR AUGUST 31, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 31, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Corbett
(Coauthors: Senators Leno and Lieu)
(Coauthors: Assembly Members Jeffries, Portantino, and Smyth)
FEBRUARY 18, 2011
An act to amend Sections 6206.5, 6206.7, 6208, 6215.3, 6215.4, and
6215.7 of, and to add Sections 6208.1, 6208.2, and 6218.01 to, the
Government Code, relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
SB 636, Corbett. Personal information: Internet disclosure
prohibition.
Existing law authorizes victims of domestic violence or stalking
and reproductive health care providers, employees, and volunteers, as
defined, to complete an application to be approved by the Secretary
of State for the purposes 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.
Existing law prohibits the Secretary of State from making a program
participant's address publicly available, except in specified
circumstances, including when the participant's program certification
has been canceled.
This bill would specify, instead, that a participant's personal
address may be revealed after termination of certification only if
the participant's termination resulted from the program manager
determining that false information was used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
This bill would, for purposes of the program for victims of
domestic violence or stalking, prohibit a person, business, or
association from knowingly and intentionally publicly posting or
displaying on the Internet, or soliciting, selling, or trading on the
Internet, specified personal information of a program participant or
other persons residing at the same address with a prescribed intent
to cause great bodily harm or place a person in objectively
reasonable fear for his or her personal safety. The bill would also
prohibit a person, business, or association from intentionally
publicly posting or displaying on the Internet specified personal
information of a program participant or other persons residing at the
same address if the participant has made a demand on the person,
business, or association to not disclose that information, as
specified. Violation of these provisions would be subject to
specified civil penalties.
The bill would prohibit a person from posting on the Internet the
home address, the telephone number, or personal identifying
information of a domestic violence or stalking victim program
participant or the program participant's family members who are
participating in the program, or a provider, employee, volunteer, or
patient of a reproductive health facility or individual residing at
the same address with the intent that another person imminently use
that information to commit a crime involving violence or a threat of
violence against the participant or the program participant's family
members who are participating in the program. Violations of these
provisions would be a crime, punishable as specified. By creating a
new crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6206.5 of the Government Code is amended to
read:
6206.5. (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
(b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
(c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(e) Except as provided in subdivision (f) of Section 6206.7 or
subdivision (c) of Section 6208, any records or documents pertaining
to a program participant shall be held confidential for a period of
three years after termination of certification.
(f) All records or documents pertaining to a program participant
shall be retained for a period of three years after termination of
certification and then destroyed, except for change of name records,
which shall be retained permanently.
SEC. 2. 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 to qualify
as a program participant 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) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), 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.
(d) 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.
(e) 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.
(f) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the address
confidentiality program manager may disclose information contained in
the participant's application.
SEC. 3. Section 6208 of the Government Code is amended to read:
6208. The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of
State, or a program participant's name change available for
inspection or copying, except under any of the following
circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in the
order.
(c) If certification has been terminated as a result of paragraph
(2) of subdivision (b) of Section 6206.7.
SEC. 4. Section 6208.1 is added to the Government Code, to read:
6208.1. (a) (1) No person, business, or association shall
knowingly and intentionally publicly post or publicly display on the
Internet the home address, home telephone number, or image of a
program participant or other individuals residing at the same home
address with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
(2) A participant whose home address, home telephone number, or
image is made public as a result of a violation of paragraph (1) may
do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in
any court of competent jurisdiction. If a jury or court finds that a
violation has occurred, it may grant injunctive or declarative relief
and shall award the successful plaintiff court costs and reasonable
attorney's fees.
(B) Bring an action for money damages in any court of competent
jurisdiction. In addition to any other legal rights or remedies, if a
jury or court finds that a violation has occurred, it shall award
damages to that individual in an amount up to a maximum of three
times the actual damages, but in no case less than four thousand
dollars ($4,000).
(b) (1) No person, business, or association shall knowingly and
intentionally publicly post or publicly display on the Internet the
home address or home telephone number of a participant if that
individual has made a written demand of that person, business, or
association to not disclose his or her home address or home telephone
number. A demand made under this paragraph shall include a sworn
statement declaring that the person is subject to the protection of
this section and describing a reasonable fear for the safety of that
individual or of any person residing at the individual's home
address, based on a violation of subdivision (a). A written demand
made under this paragraph shall be effective for four years,
regardless of whether or not the individual's program participation
has expired prior to the end of the four-year period.
(2) A participant whose home address or home telephone number is
made public as a result of a failure to honor a demand made pursuant
to paragraph (1) may bring an action seeking injunctive or
declarative relief in any court of competent jurisdiction. If a jury
or court finds that a violation has occurred, it may grant injunctive
or declarative relief and shall award the successful plaintiff court
costs and reasonable attorney's fees.
(3) This subdivision shall not apply to a person or entity defined
in Section 1070 of the Evidence Code.
(c) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address, home telephone number, or
image of a participant with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
(2) A participant whose home address, home telephone number, or
image is solicited, sold, or traded in violation of paragraph (1) may
bring an action in any court of competent jurisdiction. In addition
to any other legal rights and remedies, if a jury or court finds that
a violation has occurred, it shall award damages to that individual
in an amount up to a maximum of three times the actual damages, but
in no case less than four thousand dollars ($4,000).
(d) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause bodily harm that is likely to occur or
threatens to cause bodily harm to a participant or any person
residing at the same home address.
(e) Nothing in this section is intended to preclude prosecution
under any other provision of law.
(f) For the purposes of this section, the following terms are
defined as follows:
(1) "Image" includes, but is not limited to, any photograph,
video, sketch, or computer-generated image that provides a means to
visually identify the person depicted.
(2) "Program participant" means a person certified as a program
participant in the manner described in Section 6206.
(3) "Publicly post" or "publicly display" means to communicate or
otherwise make available to the general public.
SEC. 5. Section 6208.2 is added to the Government Code, to read:
6208.2. (a) (1) No person shall post, with the intent that
another person imminently use that information to commit a crime
involving violence or a threat of violence against the participant or
the program participant's family members who are participating in
the program on the Internet the home address, the telephone number,
or personal identifying information of a program participant or the
program participant's family members who are participating in the
program.
(2) A violation of this subdivision is a misdemeanor punishable by
a fine of up to two thousand five hundred dollars ($2,500), or
imprisonment of up to six months in a county jail, or by both that
fine and imprisonment.
(3) A violation of this subdivision that leads to the bodily
injury of the program participant, or of any of the program
participant's family members who are participating in the program, is
a misdemeanor punishable by a fine of up to five thousand dollars
($5,000), or imprisonment of up to one year in a county jail, or by
both that fine and imprisonment.
(b) Nothing in this section shall preclude prosecution under any
other provision of law.
SEC. 6. Section 6215.3 of the Government Code is amended to read:
6215.3. (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
(b) The Secretary of State may cancel a program participant's
certification if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(c) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(d) The Secretary of State shall cancel certification of a program
participant who fails to disclose a change in employment status, or
termination as a provider or volunteer.
(e) Except as provided in subdivision (f) of Section 6215.4 or
subdivision (c) of Section 6215.7, any records or documents
pertaining to a program participant shall be held confidential.
(f) All records or documents pertaining to a program participant
shall be retained for a period of three years after termination of
certification and then destroyed without further notice.
SEC. 7. Section 6215.4 of the Government Code is amended to read:
6215.4. (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 to qualify
as a program participant 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 who is a provider, employee, or
volunteer fails to disclose a change in employment, or termination as
volunteer or provider.
(c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), 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.
(d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, and county recording office of
the program participant's certification withdrawal, invalidation,
expiration, or termination.
(e) 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.
(f) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the address
confidentiality program manager may disclose information contained in
the participant's application.
SEC. 8. Section 6215.7 of the Government Code is amended to read:
6215.7. The Secretary of State may not make a program participant'
s address, other than the address designated by the Secretary of
State, available for inspection or copying, except under any of the
following circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in the
order.
(c) If certification has been terminated pursuant to paragraph (2)
of subdivision (b) of Section 6215.4.
SEC. 9. Section 6218.01 is added to the Government Code, to read:
6218.01. (a) (1) No person shall post, with the intent that
another person imminently use that information to commit a crime
involving violence or a threat of violence against the provider,
employee, volunteer, or patient of a reproductive health service
facility or other individuals residing at the same home address on
the Internet the home address, the telephone number, or personal
identifying information of a provider, employee, volunteer, or
patient of a reproductive health services facility or other
individuals residing at the same home address.
(2) A violation of this subdivision is a misdemeanor punishable by
a fine of up to two thousand five hundred dollars ($2,500),
imprisonment of up to six months in a county jail, or by both that
fine and imprisonment.
(3) A violation of this subdivision that leads to the bodily
injury of the provider, employee, volunteer, or patient of a
reproductive health services facility or other individuals residing
at the same home address, is a misdemeanor punishable by a fine of up
to five thousand dollars ($5,000), imprisonment of up to one year in
a county jail, or by both that fine and imprisonment.
(b) Nothing in this section shall preclude prosecution under any
other provision of law.
SEC. 10. 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.
