Bill Text: CA AB1236 | 2017-2018 | Regular Session | Amended
Bill Title: Surnames before first marriage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1236 Detail]
Download: California-2017-AB1236-Amended.html
|
Amended
IN
Assembly
April 17, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1236 |
| Introduced by Assembly Member Gonzalez Fletcher |
February 17, 2017 |
An act to amend Sections 1747.81, 1785.14, and 1798.92 of the Civil Code, to amend Section 1355 of the Code of Civil Procedure, to amend Section 180 of the Family Code, to amend Sections 102230, 102231, and 102875 of the Health and Safety Code, to amend Sections 530.55, 964, 4017.1, and 5071 of the Penal Code, to amend Section 1460.2 of the Probate Code, and to amend Sections 219.5 and 224.2 of the Welfare and Institutions Code, relating to names.
LEGISLATIVE COUNSEL'S DIGEST
AB 1236, as amended, Gonzalez Fletcher.
Birth names. Surnames before first marriage.
Existing law authorizes a credit card issuer to issue a card to a married woman bearing either her maiden name or her married name, as specified. Existing law requires consumer credit reporting agencies to maintain reasonable procedures designed to avoid specified violations of law, and to limit furnishing of consumer credit reports for specified purposes, by requiring that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purposes. Existing law defines the term “personal identifying information” for purposes of provisions relating to identity theft.
Existing law generally regulates the recovery of unclaimed property by verified petition that must, among other things, state the full name, and the place and date of birth of
the decedent whose estate, or any part thereof, is claimed and the full name of the decedent’s father and maiden name of his or her mother.
Existing state law governs child custody proceedings. Existing law requires certain notices involving an Indian child custody proceeding under the Welfare and Institutions Code be sent to a minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe if a court or a petitioner knows or has reason to know that a proposed ward or conservatee may be an Indian child.
Existing law requires the State Registrar to administer the registration of, and the arrangement, preservation, and release of records of, births, deaths, fetal deaths, and marriages. Existing law requires death certificates to contain specified information.
Existing law, for the purpose of prohibiting false personation, among other things, defines the terms
“person” and “personal identifying information.” Existing law prohibits specified people from being employed to perform any function that provides access to personal information of private individuals.
Existing law defines terms for the purpose of authorizing a county, the district attorney, and the courts, in consultation with a local law enforcement agency, to establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report, as specified.
This bill would make changes to these provisions by, among other things, replacing the term “maiden name” with the term “birth name” “surname before first marriage” and, in the
case of some provisions, requiring that an individual’s parents’ birth names, surnames before first marriage, rather than only the mother’s maiden name, either be recorded, disclosed, or withheld, as specified. Because the bill would require local officials to perform additional duties relating to vital records and reports, it would impose a state-mandated local program. Because the bill would change the definition of the crime of false impersonation, it 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 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1747.81 of the Civil Code is amended to read:1747.81.
(a) If a card issuer has determined in the normal course of business that it will issue a card to a married person, the card shall be issued bearing either the(b) Card issuers may require that a married person requesting a card in his or her birth name
surname before first marriage open a new account in that name.
SEC. 2.
Section 1785.14 of the Civil Code is amended to read:1785.14.
(a) A consumer credit reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1785.13 and to limit furnishing of consumer credit reports to the purposes listed under Section 1785.11. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purposes. From the effective date of this(1) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the consumer credit reporting agency shall, with a reasonable degree
of certainty, match at least three categories of identifying information within the file maintained by the consumer credit reporting agency on the consumer with the information provided to the consumer credit reporting agency by the retail seller. The categories of identifying information shall include, but are not limited to, first and last name, month and date of birth, driver’s license number, place of employment, current residence address, previous residence address, or social security number. The categories of information shall not include parents’ birth names. surnames before first marriage.
(2) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an
application for credit submitted in person, the retail seller certifies, in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification of the consumer at the time that the application was submitted in person. This paragraph does not apply to an application for credit submitted by mail.
(3) If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as is on the solicitation unless the prospective user verifies any address change by, among other methods, contacting the person to whom the extension of credit will be mailed.
(b) If a consumer credit reporting agency prepares a consumer credit report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about
whom the report relates. These reasonable procedures shall include, but not be limited to, permanent retention by the consumer credit reporting agency in the consumer’s file, or a separately individualized file, of that portion of the data in the file that is used by the consumer credit reporting agency to identify the individual consumer pursuant to paragraph (1) of subdivision (a). This permanently retained data shall be available for use in either a reinvestigation pursuant to subdivision (a) of Section 1785.16, an investigation in which the consumer has filed a police report pursuant to subdivision (k) of Section 1785.16, or a restoration of a file involving the consumer. If the permanently retained identifying information is retained in a consumer’s file, it shall be clearly identified in the file in order for an individual who reviews the file to easily distinguish between the permanently stored identifying information and any other identifying information that may be a part of the file. This retention
requirement shall not apply to data that is reported in error, that is obsolete, or that is found to be inaccurate through the results of a reinvestigation initiated by a consumer pursuant to subdivision (a) of Section 1785.16.
(c) A consumer credit reporting agency shall not prohibit a user of any consumer credit report furnished by the consumer credit reporting agency from disclosing the contents of the consumer credit report to the consumer who is the subject of the report if adverse action may be taken by the user based in whole or in part on the consumer credit report. The act of disclosure to the consumer by the user of the contents of a consumer credit report shall not be a basis for liability of the consumer credit reporting agency or the user under Section 1785.31.
(d) A consumer credit reporting agency shall provide a written notice to a person who regularly and in the
ordinary course of business supplies information to the consumer credit reporting agency concerning any consumer or to whom a consumer credit report is provided by the consumer credit reporting agency. The notice shall specify the person’s obligations under this title. Copies of the appropriate code sections shall satisfy the requirement of this subdivision.
SEC. 3.
Section 1798.92 of the Civil Code is amended to read:1798.92.
For the purposes of this title:(a) “Claimant” means a person who has or purports to have a claim for money or an interest in property in connection with a transaction procured through identity theft.
(b) “Identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property.
(c) “Personal identifying information” means a person’s name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, parents’ birth names,
surnames before first marriage, demand deposit account number, savings account number, or credit card number.
(d) “Victim of identity theft” means a person who had his or her personal identifying information used without authorization by another to obtain credit, goods, services, money, or property, who did not use or possess the credit, goods, services, money, or property obtained by the identity theft, and who filed a police report in this regard pursuant to Section 530.5 of the Penal Code.
SEC. 4.
Section 1355 of the Code of Civil Procedure is amended to read:1355.
Within five years after the date of entry of judgment in any proceeding under the provisions of Chapter 5 (commencing with Section 1410), or within five years after completion of notice by publication in an escheat action taken under the provisions of Section 1415, a person who is not a party or privy to the proceeding or action, if not otherwise barred, may file a petition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his or her claim or right to the money or other property, or the proceeds thereof.The petition shall be verified; and, in a proceeding for the recovery by the petitioner as heir, devisee, or legatee, or the successor in interest of an heir, devisee
devisee, or legatee, of money or other property received by the State from the estate of a decedent under the provisions of Article 1 of Chapter 6, the petition, among other things must state:
The full name, and the place and date of birth of the decedent whose estate, or any part thereof, is claimed.
The full birth name surnames before first marriage of the decedent’s parents, the places and dates of their respective births, the place and date of their marriage, the full names of all children born of that marriage, with the date of birth of each, and the place and date of death of all children of the marriage who have died unmarried and without issue.
Whether or not
the decedent was ever married, and if so, where, when when, and to whom.
How, when, and where the marriage, if any, was dissolved.
Whether or not the decedent was ever remarried, and, if so, where, when when, and to whom.
The full names, and the dates and places of birth of all lineal descendants, if any, of said decedent; the dates and places of death of any thereof who died prior to the filing of the petition; and the places of residence of all who are then surviving, with the degree of relationship of
each of the survivors to the decedent.
Whether any of the brothers or sisters of the decedent ever married, and, if so, where, when when, and whom.
The full names, and the places and dates of birth of all children who are the issue of the marriage of the brother or sister of the decedent, and the date and place of death of all deceased nephews and nieces of the decedent.
Whether or not the decedent, if of foreign birth, ever became a naturalized citizen of the United States, and, if so, when, where, and by what court citizenship was conferred.
The post-office names of the cities, towns
towns, or other places, each in its appropriate connection, wherein are preserved the records of the births, marriages marriages, and deaths listed above, and, if known, the title of the public official or other person having custody of the records.
The nationality of each of the heirs of the decedent.
The street address of each of the heirs of the decedent.
If, for any reason, the petitioner is unable to set forth any of the required matters or things, the petitioner shall clearly state the reason in the petition.
At least 20 days before the hearing of the petition, a copy of the petition and notice of hearing shall be served
on the Attorney General and on the Controller, and the Attorney General may answer the same at his or her discretion.
If the claim includes a claim to real property or any interest therein, the petitioner shall record in the office of the county recorder of the county in which the real property is situated, a notice of the pendency of the petition containing the object of the action and a description of the property in the county affected thereby. From the time of filing the notice for record only, shall a purchaser or encumbrancer of the property be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.
The court shall try the issue as issues are tried in civil actions; and if it is determined that the person is entitled to the money or other property or the proceeds thereof, it must order the property, if it has not been sold, to be
delivered to him or her, or if it has been sold and the proceeds thereof paid into the State Treasury, it must order the Controller to draw his or her warrant on the Treasurer for the payment of the same, but without interest or cost to the state. A copy of the order, under the seal of the court, shall be a sufficient voucher for drawing the warrant.
All persons who fail to appear and file their petitions within the time limited are forever barred; saving, however, to infants and persons of unsound mind, the right to appear and file their petitions at any time within the time limited, or within one year after their respective disabilities cease.
SEC. 5.
Section 180 of the Family Code is amended to read:180.
(a) In an Indian child custody(b) Any notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe and shall comply with all of the following requirements:
(1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not
required.
(2) Notice to the tribe shall be sent to the tribal chairperson, unless the tribe has designated another agent for service.
(3) Notice shall be sent to all tribes of which the child may be a member or be eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 170, after which notice need only be sent to the tribe determined to be the Indian child’s tribe.
(4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the
notice shall also be sent directly to the Secretary of the Interior unless the Secretary of the Interior has waived that notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court.
(5) In addition to the information specified in other sections of this article, notice shall include all of the following information:
(A) The name, birthdate, and birthplace of the Indian child, if known.
(B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known.
(C) All names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including birth,
surnames before first marriage, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known.
(D) A copy of the petition by which the proceeding was initiated.
(E) A copy of the child’s birth certificate, if available.
(F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section.
(G) A statement of the following:
(i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding.
(ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court.
(iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding.
(iv) The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians.
(v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in that tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of
paragraph (5) of subdivision (b) need not be included with the notice.
(d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e).
(e) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice if a lengthier notice period is required under this code.
(f) With respect to giving notice to Indian tribes, a party shall be subject to court
sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so.
(g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking.
SEC. 6.
Section 102230 of the Health and Safety Code is amended to read:102230.
(a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain comprehensive and continuous indices of all certificates registered.(2) The birth, death, and marriage record indices prepared pursuant to paragraph (1) and all comprehensive birth, death, and marriage record indices prepared or maintained by local registrars and county recorders shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3) Notwithstanding paragraph (2), the State Registrar, at his or her
discretion, may release comprehensive birth, death, and nonconfidential marriage record indices to a government agency. The comprehensive birth record indices released to the county recorder shall be subject to the same restrictions applicable to the confidential portion of a certificate of live birth, as specified in Section 102430. Local registrars and county recorders, if requested, shall release their comprehensive birth, death, and marriage record indices to the State Registrar. Local registrars may release their comprehensive birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. A government agency that obtains indices pursuant to this paragraph shall not sell or release the index or a portion of its contents to another person, except as necessary for official government business, and shall not post the indices or any portion of the indices on the Internet.
(b) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for public release.
(2) For purposes of this section, noncomprehensive birth record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, and place of birth.
(3) For purposes of this section, noncomprehensive death record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, place of birth, place of death, date of death, and parents’ last names.
(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for public release shall be comprised of the name of each
party to the marriage and the date of marriage.
(5) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following:
(A) The proposed use of the birth, death, or nonconfidential marriage record indices.
(B) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health.
(C) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State
Department of Public Health.
(D) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices.
(E) Assurance that the requester shall not use the birth or death record indices for fraudulent purposes.
(6) Birth, death, and nonconfidential marriage record indices obtained pursuant to this subdivision, and any portion thereof, shall not be used for fraudulent purposes.
(c) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for purposes of law enforcement or preventing fraud.
(2) For purposes of
this section, noncomprehensive birth record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, sex, date of birth, place of birth, and parents’ birth names. surnames before first marriage.
(3) For purposes of this section, noncomprehensive death record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, place of death, parents’ birth names, surnames before first marriage, sex, social security number, date of birth, place of birth, date of death, and parents’ last names.
(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for the purpose of preventing fraud shall be comprised of the name of each party to the marriage and the date of marriage.
(5) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision shall be made available to financial institutions, as defined in Section 6827(4)(A) and (B) of Title 15 of the United States Code, its representatives or contractors, consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, its representatives or contractors, those entities providing information services for purposes of law enforcement or preventing fraud, officers of the court for the sole purpose of verifying a death, and to persons or entities acting on behalf of law enforcement agencies or the court, or pursuant to a court
order.
(6) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision may be released to a government agency.
(7) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following:
(A) An agreement not to release or allow public access to the birth, death, or nonconfidential marriage record indices, and an agreement not to post the indices on the Internet, except as permitted by this subdivision.
(B) The proposed use of the birth, death, or nonconfidential marriage record indices.
(C) The names of all persons within the organization, if applicable, who will have access to the birth, death, or nonconfidential marriage record indices.
(D) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health.
(E) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health.
(F) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices, except as permitted by this subdivision.
(G) Assurance that
the requester shall not use the birth, death, or nonconfidential marriage record indices for fraudulent purposes.
(8) (A) Birth, death, and nonconfidential marriage record indices, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted on the Internet.
(B) Notwithstanding subparagraph (A), individual information contained in birth, death, and nonconfidential marriage record indices may be posted on the Internet if all of the following requirements are met:
(i) The individual information is posted on an Internet Web site that is protected by a password.
(ii) The individual information is posted on an Internet Web site that is available to subscribers only for a
fee.
(iii) The individual information is not posted for public display.
(iv) The individual information is available to subscribers pursuant to a contractual agreement.
(v) The individual information is posted for purposes of law enforcement or preventing fraud.
(d) Mail-in requests from nongovernmental agencies for birth, death, and nonconfidential marriage record indices requested pursuant to subdivisions (b) and (c) shall include a notarized statement attesting to the identity of the requester.
(e) Noncomprehensive birth, death, and nonconfidential marriage record indices pursuant to subdivisions (b) and (c) shall be updated annually.
(f) Birth, death, and nonconfidential marriage record indices provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(g) Noncomprehensive birth, death, and nonconfidential marriage record indices created by local registrars or county recorders shall be subject to the conditions for release required by this section.
(h) A person or entity that obtains a birth, death, or nonconfidential marriage record index, or any portion thereof, from a requester who has obtained the index in accordance with paragraph (7) of subdivision (c) shall not sell, assign, or otherwise transfer that index, or any portion thereof, to a third party.
(i) Paragraphs
(2) and (3) of subdivision (a) and subdivisions (b) to (h), inclusive, shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute.
SEC. 7.
Section 102231 of the Health and Safety Code is amended to read:102231.
(a) Notwithstanding any other law, birth data files, birth data files for public release, death data files for public release, death data files for purposes of law enforcement or preventing fraud, and nonconfidential marriage data files prepared and maintained by the State Registrar, local registrars, and county recorders shall only be released as follows:(1) Birth data files containing personal identifiers shall be subject to the same restrictions as the confidential portion of a birth certificate and shall only be released under the terms and conditions specified in Section 102430.
(2) Birth data files for public release shall not contain the parents’ birth names.
surnames before first marriage.
(3) Death data files for public release shall not contain the parents’ birth names, surnames before first marriage, and social security numbers.
(4) Death data files for purposes of law enforcement or preventing fraud shall include the parents’ birth names
parents surnames before first marriage and social security numbers. Death data files prepared pursuant to this subdivision may be released to governmental agencies and to those entities described in paragraph (5) of subdivision (c) of Section 102230.
(5) Death data files containing personal identifying information may be released to persons expressing a valid scientific interest, as determined by the appropriate committee constituted for the protection of human subjects that is approved by the United States Department of Health and Human Services and has a general assurance pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.
(6) Nonconfidential marriage data files shall include the name of each party to the marriage and the date of the marriage. Nonconfidential marriage data files for public
release shall not contain the birth names surnames before first marriage of the parents.
(b) Requesters of birth, death, and nonconfidential marriage data files pursuant to this section shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following:
(1) An agreement not to release the birth, death, or marriage data files and not to post the files on the Internet, except as permitted by this subdivision.
(2) An agreement not to provide public access to data files obtained pursuant to paragraphs (1) and (4) of subdivision (a).
(3) The proposed use of the data file.
(4) For data files obtained pursuant to paragraphs (1) and (4) of subdivision (a), the names of all persons within the organization, if applicable, who will have access to the data files.
(5) A disclaimer that credits analyses, interpretations, or conclusions reached regarding the birth or death data files to the author and not to the State Department of Public Health.
(6) Assurance that technical descriptions of the data files are consistent with those provided by the State Department of Public Health.
(7) Assurance that the requester shall not sell, assign, or otherwise transfer the data files, except as permitted by subdivision (e).
(8) Assurance that the requester shall not use the data files for fraudulent purposes.
(c) Mail-in requests for birth, death, and nonconfidential marriage data files pursuant to this section shall include a notarized statement attesting to the identity of the requester.
(d) Birth, death, and nonconfidential marriage data files provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(e) (1) Birth, death, and nonconfidential marriage data files, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted
on the Internet.
(2) Notwithstanding paragraph (1), individual information contained in death data files obtained pursuant to paragraph (4) of subdivision (a) may be posted on the Internet if all of the following requirements are met:
(A) The information is posted on an Internet Web site that is protected by a password.
(B) The information is posted on an Internet Web site that is available to subscribers only for a fee.
(C) The information is not posted for public display.
(D) The information is available to subscribers pursuant to a contractual agreement.
(E) The information is posted for purposes of law enforcement or
preventing fraud.
(f) A person or entity that obtains a birth, death, or nonconfidential marriage data file, or any portion thereof, from a requester who has obtained the data file in accordance with subdivision (b) shall not sell, assign, or otherwise transfer that data file, or any portion thereof, to a third party.
(g) This section shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute.
SEC. 8.
Section 102875 of the Health and Safety Code is amended to read:102875.
The certificate of death shall be divided into two sections.(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1) (A) Personal data concerning the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, and occupation and industry or business.
(B) Commencing July 1, 2015, a person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall
be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C) Commencing July 1, 2015, if a document specified in subparagraph (B) is not
presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D) Commencing July 1, 2015, a person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E) Commencing
July 1, 2015, a person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section.
(2) Date of death, including month, day, and year.
(3) Place of death.
(4) Full names, birth names, surnames before first marriage, and birthplaces of parents.
(5) Informant.
(6) Disposition of body information including signature and license number
of embalmer if body embalmed or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other provision of law to the contrary, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other provision of law to the contrary, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8) Date accepted for
registration and signature of local registrar. Notwithstanding any other provision of law to the contrary, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1) Disease or conditions leading directly to death and antecedent causes.
(2) Operations and major findings thereof.
(3) Accident and injury information.
(4) Information indicating whether the decedent was pregnant at the time of death, or within
the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.
SEC. 9.
Section 530.55 of the Penal Code is amended to read:530.55.
(a) For purposes of this chapter, “person” means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity, or any other legal entity.(b) For purposes of this chapter, “personal identifying information” means any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver’s license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, parents’ birth names,
surnames before first marriage, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification.
SEC. 10.
Section 964 of the Penal Code is amended to read:964.
(a) In each county, the district attorney and the courts, in consultation with any local law enforcement agencies that may desire to provide information or other assistance, shall establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report if one of these reports is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.(b) For purposes of this section, “confidential personal information” includes, but is not limited to, an address, telephone number, driver’s license or California Identification Card
number, social security number, date of birth, place of employment, employee identification number, parents’ birth names, surnames before first marriage, demand deposit account number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the provisions of Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
(2) This section may not be construed to impair or affect procedures regarding informant disclosure provided by Sections 1040 to 1042, inclusive, of the Evidence Code, or as altering procedures regarding sealed search warrant affidavits as provided by People v. Hobbs (1994) 7 Cal.4th
948.
(3) This section shall not be construed to impair or affect a criminal defense counsel’s access to unredacted reports otherwise authorized by law, or the submission of documents in support of a civil complaint.
(4) This section applies as an exception to California Rule of Court 2.550, as provided by paragraph (2) of subdivision (a) of that rule.
SEC. 11.
Section 4017.1 of the Penal Code is amended to read:4017.1.
(a) (1) Except as provided in paragraph (2), a person confined in a county jail, industrial farm, road camp, or city jail who is required or permitted by an order of the board of supervisors or city council to perform work, or a person while performing community service in lieu of a fine or custody or who is assigned to work furlough, may not be employed to perform any function that provides access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; parents’(2) Notwithstanding paragraph (1), persons assigned to work furlough programs may be permitted to work in situations that allow them to retain or look at a driver’s license or credit card for no longer than the period of time
needed to complete an immediate transaction. However, no person assigned to work furlough shall be placed in any position that may require the deposit of a credit card or driver’s license as insurance or surety.
(b) A person confined in a county jail, industrial farm, road camp, or city jail who has access to any personal information shall disclose that he or she is confined before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur.
SEC. 12.
Section 5071 of the Penal Code is amended to read:5071.
(a) The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; parents’(b) A person who is a prison inmate, and who has access to any personal information, shall disclose that he or she is a prison inmate before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur.
SEC. 13.
Section 1460.2 of the Probate Code is amended to read:1460.2.
(a) If the court or petitioner knows or has reason to know that the proposed ward or conservatee may be an Indian child, notice shall be given that complies with subdivision (b) in a case in which the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) applies, as specified in Section 1459.5.(b) A notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe, and shall comply with all of the following requirements:
(1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required.
(2) Notice to the tribe shall be sent to the tribal chairperson, unless the tribe has designated another agent for service.
(3) Notice shall be sent to all tribes of which the child may be a member or be eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 1449, after which notice need only be sent to the tribe determined to be the Indian child’s tribe.
(4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the notice shall
also be sent directly to the Secretary of the Interior, unless the Secretary of the Interior has waived the notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court.
(5) The notice shall include all of the following information:
(A) The name, birthdate, and birthplace of the Indian child, if known.
(B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known.
(C) All names known of the Indian child’s biological parents, grandparents grandparents, and
great-grandparents or Indian custodians, including birth, surnames before first marriage, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known.
(D) A copy of the petition.
(E) A copy of the child’s birth certificate, if available.
(F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section.
(G) A statement of the following:
(i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding.
(ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court.
(iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding.
(iv) The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians.
(v) That if the parents
or Indian custodians are unable to afford counsel, counsel shall be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, a hearing at which a final adoption order is to be granted. After a tribe
acknowledges that the child is a member or eligible for membership in the tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice.
(d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e).
(e) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall,
upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice when a lengthier notice period is required by statute.
(f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so.
(g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking.
SEC. 14.
Section 219.5 of the Welfare and Institutions Code is amended to read:219.5.
(a) No ward of the juvenile court or Department of the Youth Authority shall perform any function that provides access to personal information of private individuals, including, but not limited to: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; parents’(b) Subdivision (a) shall apply to a person who has been adjudicated to have committed an offense described by any of the following categories:
(1) An offense involving forgery or fraud.
(2) An offense involving misuse of a computer.
(3) An offense for which the person is required to register as a sex offender pursuant to Section 290 of the Penal Code.
(4) An offense
involving misuse of the personal or financial information of another person.
(c) If asked, a person who is a ward of the juvenile court or the Department of the Youth Authority, who has access to any personal information, shall disclose that he or she is a ward of the juvenile court or the Department of the Youth Authority before taking any personal information from anyone.
(d) Any program involving the taking of personal information over the telephone by a person who is a ward of the juvenile court or the Department of the Youth Authority, shall be subject to random monitoring of those telephone calls.
(e) Any program involving the taking of personal information by a person who is a ward of the juvenile court or the Department of the Youth Authority shall provide supervision at all times of the ward’s
activities.
(f) This section shall not apply to wards in employment programs or public service facilities where incidental contact with personal information may occur.
SEC. 15.
Section 224.2 of the Welfare and Institutions Code is amended to read:224.2.
(a) If the court, a social worker, or probation officer knows or has reason to know that an Indian child is involved, any notice sent in an Indian child custody proceeding under this code shall be sent to the minor’s parents or legal guardian, Indian custodian, if any, and the minor’s tribe and comply with all of the following requirements:(1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required.
(2) Notice to the tribe shall be
sent to the tribal chairperson, unless the tribe has designated another agent for service.
(3) Notice shall be sent to all tribes of which the child may be a member or be eligible for membership, until the court makes a determination as to which tribe is the child’s tribe in accordance with subdivision (d) of Section 224.1, after which time notice need only be sent to the tribe determined to be the Indian child’s tribe.
(4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the parents, Indian custodians, or the minor’s tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior, unless the Secretary of the Interior has waived the notice in writing and the
person responsible for giving notice under this section has filed proof of the waiver with the court.
(5) In addition to the information specified in other sections of this article, notice shall include all of the following information:
(A) The name, birthdate, and birthplace of the Indian child, if known.
(B) The name of the Indian tribe in which the child is a member or may be eligible for membership, if known.
(C) All names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including birth, married
surname before first marriage, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known.
(D) A copy of the petition by which the proceeding was initiated.
(E) A copy of the child’s birth certificate, if available.
(F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section.
(G) A statement of the following:
(i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding.
(ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court.
(iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding.
(iv) The potential legal consequences of the proceedings on the future custodial and parental rights of the child’s parents or Indian custodians.
(v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the
Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(b) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted, unless it is determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply to the case in accordance with Section 224.3. After a tribe
acknowledges that the child is a member or eligible for membership in that tribe, or after a tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (a) need not be included with the notice.
(c) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (d).
(d) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs, except for the detention hearing, provided that notice of the detention hearing shall be given as soon as possible after the filing of the petition initiating the proceeding and proof of the notice is filed with the court within 10 days after the filing of the
petition. With the exception of the detention hearing, the parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for that proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to more than 10 days notice when a lengthier notice period is required by statute.
(e) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so.
(f) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual
abuse, or stalking.
SEC. 16.
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.
