Bill Text: CA AB2299 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Local government: public safety officials:

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2012-06-13 - In committee: Set, first hearing. Testimony taken. Further hearing to be set. [AB2299 Detail]

Download: California-2011-AB2299-Amended.html

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BILL NUMBER: AB 2299	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 24, 2012

   An act to amend Section 6254.1 of, and to add Sections 27279.5 and
27279.7 to, the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2299, as amended, Feuer. Local government: public safety
officials: confidentiality.
   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. 
   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 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. 
   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. 
   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. A public safety
official is defined for purposes of this act as an official employed
by a public agency responsible for law enforcement, the justice
system, or corrections. 
   SECTION 1.   SEC. 2.   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, 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.
   SEC. 2.   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.
   (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. 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) and (b), 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) 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.
   (e) (1) A county that chooses to establish a program pursuant to
this section that sells aggregate data shall further require that the
names of program participants 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).
   (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) The name of a public safety official shall be released upon
request of the public safety official. 
    (g)    For purposes of this section and Section
27279.7, the following definitions shall  apply 
 have the following meanings  :
   (1) "Post" means to intentionally communicate or otherwise make
available to the general public.
   (2) "Property record" means a property record that contains the
address of principal residence of the public safety official.
   (3) "Public safety official" means a person listed in Section
27279.7 who is eligible for  , or participates in,  the
program. 
  SEC. 3.   Section 27279.7 is added to the
Government Code, to read:
   27279.7.  (a) The name of any of the following public safety
officials shall be redacted from a property record pursuant to
Section 27279.5 if the public safety official requests
theconfidentiality of that information:
   (1) A peace officer as defined in Sections 830 to 830.65,
inclusive, of the Penal Code, or a person who is not a peace officer,
but who may exercise the powers of arrest during the course and
within the scope of his or her employment pursuant to Section 830.7
of the Penal Code.
   (2) A public officer or other person listed in Sections 1808.2 and
1808.6 of the Vehicle Code.
   (3) An "elected or appointed official" as defined in subdivision
(f) of Section 6254.21.
   (4) An attorney employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender, the United States Attorney, or the Federal Public
Defender.
   (5) A city attorney or an attorney who represent cities in
criminal matters.
   (6) An employee of the Department of Corrections and
Rehabilitation who supervises inmates or is required to have a
prisoner in his or her care or custody.
   (7) A sworn or nonsworn employee who supervises inmates in a city
police department, a county sheriff's office, the Department of the
California Highway Patrol, federal, state, or a local detention
facility, or a local juvenile hall, camp, ranch, or home, or a
probation officer as defined in Section 830.5 of the Penal Code.
   (8) A federal prosecutor, a federal criminal investigator, or a
National Park Service Ranger working in California.
   (9) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty.
   (10) A state or federal judge or a court commissioner.
   (11) An employee of the Attorney General, a district attorney, or
a public defender who submits verification from the Attorney General,
district attorney, or public defender that the employee represents
the Attorney General, district attorney, or public defender in
matters that routinely place that employee in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts.
   (12) A nonsworn employee of the Department of Justice or a police
department or sheriff's office that, in the course of his or her
employment, is responsible for collecting, documenting, and
preserving physical evidence at crime scenes, testifying in court as
an expert witness, and other technical duties, or a nonsworn employee
that, in the course of his or her employment, performs a variety of
standardized and advanced laboratory procedures in the examination of
physical crime evidence, determines the results, and provides expert
testimony in court.
   (b) The name of a public safety official listed in subdivision (a)
shall not be disclosed, except to any of the following:
   (1) A court.
   (2) A law enforcement agency.
   (3) The State Board of Equalization.
   (4) An attorney in a civil or criminal action that demonstrates to
a court the need for the 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 department.

   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 active or retired, 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) 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.
   (c) The name 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. 

   SEC. 4.   SEC. 5.   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 and
their families, it is necessary that this act take effect.