Bill Text: CA AB2206 | 2013-2014 | Regular Session | Amended
Bill Title: Public records: local agencies: exception to disclosure: peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-05 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2206 Detail]
Download: California-2013-AB2206-Amended.html
BILL NUMBER: AB 2206 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2014
INTRODUCED BY Assembly Member Gomez
FEBRUARY 20, 2014
An act to amend Section 6254.1 of, and to add Sections
27279.5 and 27279.7 to, of the Government Code,
relating to local government. public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2206, as amended, Gomez. Local government: public
safety officials: confidentiality. Public records:
local agencies: exception to disclosure: peace officers.
Existing law sets forth the duties and powers of the board of
supervisors of a county and the county recorder and county assessor
of each county. Existing law requires the county recorder to, upon
payment of proper fees and taxes, accept for recordation any
instrument, paper, or notice that is authorized or required by
statute or court order to be recorded, as specified. Existing law
allows any instrument or judgment affecting the title to, or
possession of, real property to be recorded. Existing law requires a
document that effects or evidences a transfer or encumbrance of an
interest in real property to include the name or names in which the
interest appears of record. Existing law requires the county recorder
of each county to establish a social security truncation program for
the redaction of social security numbers to create a public record
version of official records.
This bill would authorize the board of supervisors of a county to
establish a program that requires the names of certain public safety
officials to be redacted from any property record of principal
residence that is disclosed to the public by that county, except as
specified. The bill would authorize a county to charge a fee for
participation in the program. The bill would set forth requirements
that would apply to the sale of aggregate data. The bill would
require a county that establishes a program pursuant to this act to
also ensure that the property record of a public safety official is
redacted, as defined, in a specified manner when a search is
conducted by index by name of the public safety official.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available upon receipt of a
request that reasonably describes an identifiable record not
otherwise exempt from disclosure, and upon payment of fees covering
direct costs of duplication.
This bill would exempt from disclosure the records of the
residence or mailing address of any person described as a peace
officer, if that person or his or her recognized collective
bargaining representative has requested confidentiality of that
information to a local agency, and that local agency chooses to
maintain a program that redacts that information or makes that
information confidential.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
in enacting this act to authorize the board of supervisors of any
county to establish a county program to redact the name of a public
safety official from a property record that contains the address of
the principal residence of the public safety official and as
otherwise specified when a search is conducted by index by name of
the public safety official. A public safety official is defined for
purposes of this act as an official who is currently or formerly
employed by a public agency responsible for law enforcement, the
justice system, or corrections.
SEC. 2. SECTION 1. Section 6254.1 of
the Government Code is amended to read:
6254.1. (a) Except as provided in Section 6254.7, this chapter
shall not require disclosure of records that are the residence
address of any person contained in the records of the Department of
Housing and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) This chapter shall not require the disclosure of the residence
or mailing address of any person in any record of the Department of
Motor Vehicles except in accordance with Section 1808.21 of the
Vehicle Code.
(c) This chapter shall not require the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle Code.
(d) This chapter shall not require disclosure of the name of any
public safety official contained in any property record of a county
that is disclosed to the public, or as specified in subdivision (g)
of Section 27279.5, if the public safety official has requested
confidentiality of that information, in accordance with Section
27279.5, and the county maintains a program that redacts that
information from property records pursuant to Section 27279.5.
(d) This chapter shall not require the disclosure of records of
the residence or mailing address of any person described in Sections
830 to 830.65, inclusive, of the Penal Code, if that person or his or
her recognized collective bargaining representative has requested
confidentiality of that information to a local agency, and that local
agency chooses to maintain a program that redacts that information
or makes that information confidential.
SEC. 3. Section 27279.5 is added to the
Government Code, to read:
27279.5. (a) The board of supervisors of a county may establish a
program that requires the name of a public safety official to be
redacted from any property record that is disclosed to the public by
that county, which shall also include redaction of the property
record pursuant to subdivision (g).
(b) Subdivision (a) shall apply only to a public safety official
described in Section 27279.7 who has requested that his or her name
be redacted from a property record that is disclosed to the public by
that county and pursuant to subdivision (g). The county shall
prepare and maintain a list specifying those job classifications
eligible to request redaction as public safety officials pursuant to
Section 27279.7. The county may prescribe the form or application by
which a request of confidentiality shall be submitted pursuant to
this subdivision.
(c) Notwithstanding subdivisions (a), (b), and (g), this section
shall not preclude a county from using or maintaining records
internally that include the name of a public safety official who has
requested redaction under the program.
(d) (1) The county may charge a fee for participation in the
program, provided the fee is reasonable and charged to cover only the
costs of the program.
(2) The county shall require an individual to show valid photo
identification and proof of employment eligibility as a precondition
of requesting redaction under the program.
(e) (1) A county that chooses to establish a program pursuant to
this section that sells aggregate data shall provide notice to the
person or entity that it sells data to that the names of program
participants shall remain confidential and not be posted on any
Internet Web site or solicited, sold, or traded.
(2) A public safety official whose name is made public as a result
of a violation of paragraph (1) may bring an action seeking
injunctive or declarative relief in any court of competent
jurisdiction. If a court finds that a violation has occurred, it may
grant injunctive or declarative relief and shall award the official
court costs and reasonable attorney's fees. A fine not exceeding one
thousand dollars ($1,000) may be imposed for a violation of the court'
s order for an injunction or declarative relief obtained pursuant to
this paragraph.
(3) A public safety official whose name is solicited, sold, or
traded in violation of paragraph (1) may bring an action in any court
of competent jurisdiction. If a jury or court finds that a violation
has occurred, it shall award damages to that public safety official
in an amount up to a maximum of three times the actual damages but in
no case less than four thousand dollars ($4,000).
(4) A county shall not be held civilly liable for a violation of
paragraph (1) if the county provided proper notice pursuant to
paragraph (1) to the person or entity that it sold data to that the
name of the public safety official remain confidential.
(f) Notwithstanding any other provision of this section, the
following shall apply:
(1) A county that exercises reasonable care shall not be held
civilly liable for the unintentional disclosure of the name of a
public safety official.
(2) For purposes of this section, a county shall have exercised
reasonable care if it redacts those documents identified by
conducting an electronic or index search of records based upon the
name of the public safety official.
(g) A county that establishes a program pursuant to this section
shall also ensure that the property record of a public safety
official is redacted when a search is conducted by index by name of
the public safety official.
(h) A county board of supervisors that chooses to establish a
program pursuant to this section shall have discretion in designing a
process to implement the program, provided that the process is not
in conflict with any specific requirement imposed under this section.
(i) For purposes of this section and Section 27279.7, the
following definitions shall have the following meanings:
(1) "Post" means to intentionally communicate or otherwise make
available to the general public.
(2) "Principal residence" means the residence that qualifies for a
homeowners' property tax exemption.
(3) "Property record" means a property record that contains the
address of principal residence of the public safety official.
(4) "Public safety official" means a person listed in Section
27279.7 who is eligible for, or participates in, the program.
(5) "Redacted" or "redaction" also includes redaction of the
address of principal residence and legal description of the property
from a property record of a public safety official when a search is
conducted by index by name of the public safety official.
SEC. 4. Section 27279.7 is added to the
Government Code, to read:
27279.7. (a) The name of any of the following public safety
officials, whether current or former, shall be redacted from a
property record pursuant to Section 27279.5 if the public safety
official requests the confidentiality of that information:
(1) An employee of a federal, state, or local law enforcement
agency, not under suspension or otherwise lacking in good standing,
except an employee whose principal duties are clerical or who is not
engaged in law enforcement operations.
(2) A judge, federal magistrate, court commissioner, or referee
who has statutory authority to preside in criminal proceedings.
(3) An attorney of a federal, state, or local prosecutorial or
defense agency who represents that office in criminal matters.
(4) An employee of a federal, state, or local prosecutorial or
defense agency whose responsibilities routinely place that employee
in personal contact with persons under investigation for, charged
with, or convicted of, committing criminal acts.
(5) An employee of a federal, state, or local agency who
supervises inmates or is required to have a prisoner in his or her
care or custody, or a probation officer or parole agent.
(b) (1) Notwithstanding subdivision (a), Section 27279.5 and this
section shall not apply to an elected official in an elected office,
or to a person who has been appointed on a temporary basis to fill a
vacancy in an elected office, when that elected office is the
attorney general, district attorney, sheriff, public defender, or
city attorney or prosecutor.
(2) Notwithstanding subdivision (a), a public safety official who
becomes an elected official shall not be eligible for redaction under
the program.
(c) The name or property record of a public safety official listed
in subdivision (a) shall not be disclosed pursuant to Section
27279.5, except to any of the following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the name, if the disclosure is made pursuant to
a subpoena.
(5) A governmental agency to which, under any law, information is
required to be furnished from records maintained by the county.
(6) To any person, upon request of the public safety official.
SEC. 5. SEC. 2. The Legislature
finds and declares that this act imposes a limitation on the public's
right of access to the meetings of public bodies or the writings of
public officials and agencies within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
In order to prevent crimes against public safety
officials peace officers and their families, it
is necessary that this act take effect.
