Bill Text: CA SB1131 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Address confidentiality: public entity employees and contractors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-26 - Chaptered by Secretary of State. Chapter 554, Statutes of 2022. [SB1131 Detail]

Download: California-2021-SB1131-Amended.html

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Amended  IN  Senate  March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1131

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Introduced by Senator Newman

February 16, 2022

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An act to amend Sections 2166.5, 12105.5, 12108, and 2166.5 of and 12108 of, and to add Section 2166.8 to, the Elections Code, to amend Sections 6215.1 and 6215.2 of, and to add Chapter 3.15 (commencing with Section 6211) to Division 7 of Title 1 of of, the Government Code, and to amend Sections 1808.21 and 1808.4 of the Vehicle Code, relating to election workers. address confidentiality, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 1131, as amended, Newman. Election workers: confidentiality.Safe at Home program: election workers and reproductive health care providers.

(1)Existing law requires an election official to post a list of all polling places and precinct board members at specified times before an election. Existing law requires this list to be posted at the elections official’s office and on their official website. Existing law requires an election official to include the political party affiliation for each listed precinct board member.

This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party affiliation for all precinct board members, as specified.

(2)

(1) Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the person’s actual address is confidential. Under existing law, the program, any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

(2) Existing law authorizes a parent or guardian to apply to the Secretary of State to have a minor or incapacitated person enrolled in the Safe at Home program if the minor or incapacitated person is a reproductive health care service provider, employee, or volunteer who is fearful for their health or safety, or their families’ health or safety because of their affiliation with a reproductive health care services facility. Existing law requires, as part of the application, a certified statement that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

(3) Existing law permits an individual to seek confidential voter status and have their residence address, telephone number, and email address declared confidential upon presentation of certification that the person is a participant in the Safe at Home program.

Existing law permits any registration or driver’s license record to be suppressed from any other person, except as specified, if the person is issued a Safe at Home program participant certificate or identification card by the Secretary of State. Existing law further designates the address of certain persons in a Department of Motor Vehicles record as confidential if requested by the person, except as specified. A willful violation of these provisions is a crime.

This bill would include election worker program participants under the Secretary of State confidentiality Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status. The bill would make such program participants eligible for registration or driver’s license record suppression pursuant to these provisions. The bill would include election worker address within the provision designating the address of certain persons in a Department of Motor Vehicles record as confidential if requested by the person. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(4) Existing law requires an election official to post a list of all polling places and precinct board members at specified times before an election. Existing law requires this list to be posted at the elections official’s office and on their official website. Existing law requires an election official to include the political party affiliation for each listed precinct board member.

This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party affiliation for all precinct board members, as specified.

(5) Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officer’s residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life threatening circumstance exists to the officer or a member of the officer’s family, as specified.

This bill would create a similar program for elections workers, as defined, that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life threatening circumstance exists to the worker or members of the worker’s family. By creating a new crime, this bill would create a state-mandated local program.

(4)

(6) 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.

(5)

(7) 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.

(8) This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2166.5 of the Elections Code is amended to read:

2166.5.

 (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her their residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code Code, a participant in the Address Confidentiality for Election Workers program pursuant to Chapter 3.15 (commencing with Section 6211) of Division 7 of Title 1 of the Government Code, or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division. Division 7 of Title 1 of the Government Code.

(b) Any person granted confidential voter status under subdivision (a) shall:

(1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her their residence address, telephone number, and email address in the roster of voters.

(2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.

(c) No An action in negligence may shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.

(d) Subdivisions (a) and (b) shall do not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification.

SEC. 2.

 Section 2166.8 is added to the Elections Code, to read:

2166.8.

 (a) A county elections official shall, upon application of an election worker, make confidential that worker’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.

(b) The application by the election worker shall contain a statement, signed under penalty of perjury, that the person is an election worker as defined in subdivision (f) and that a life-threatening circumstance exists as to the election worker or a member of the worker’s family. The application shall be a public record.

(c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.

(d) The following apply to a person granted confidential voter status under subdivision (a):

(1) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.

(2) The person shall, within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:

(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.

(B) Honor the confidential voter status from the former county for 60-days from the date of notice.

(C) Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.

(D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.

(e) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section except by a showing of gross negligence or willfulness.

(f) “Election worker” means a person who is employed by or contracts with the Secretary of State or a local election office. For the purposes of this chapter, an election worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices.

SECTION 1.SEC. 3.

 Section 12105.5 of the Elections Code is amended to read:

12105.5.

 (a) Not less than one week before the election, the elections official shall post a list of all current polling places in each precinct and a list of political party affiliation of precinct board members appointed by the 15th day before the election. This list shall not include the names of the precinct board members. Not later than 28 days after the election, the elections official shall post an updated list of the political party affiliations of precinct board members who actually served on election day. The election official shall post these lists in their office and on their official website, if any.

(b) In each jurisdiction in which the election official determines that the public interest, convenience, and necessity requires the local posting of polling places, the elections official shall divide and distribute the lists for posting in any City Clerk’s office within the jurisdiction having the election.

(c) Each list required by this section shall remain posted for 30 days after completion of the canvass, shall then be archived by the elections official, and shall remain available for public inspection as long as election materials are required to be retained. Copies shall be made available upon request for a price not to exceed the cost of reproduction and mailing.

(d) This section does not apply to elections conducted using vote centers.

SEC. 2.SEC. 4.

 Section 12108 of the Elections Code is amended to read:

12108.

 (a) The elections official shall ascertain the name of the political party, if any, for which each precinct board member has expressed a preference, as shown in the affidavit of registration of that person. The elections official shall post a list of the board member’s party preference or an abbreviation of the name of each precinct board member. The list required under this section shall not include the names of the precinct board members. If a precinct board member has not expressed a preference for a political party, the word “None” shall be printed in place of the party name.

(b) This section does not apply to elections conducted using vote centers.

SEC. 3.Section 2166.5 of the Elections Code is amended to read:

2166.5.

(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to their residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, a participant in the Address Confidentiality for Election Workers program pursuant to Chapter 3.15 (commencing with Section 6211) of Division 7 of Title 1 of the Government Code, or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code.

(b)Any person granted confidential voter status under subdivision (a) shall:

(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of their residence address, telephone number, and email address in the roster of voters.

(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.

(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.

(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification.

SEC. 4.SEC. 5.

 Chapter 3.15 (commencing with Section 6211) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER  3.15. Address Confidentiality for Election Workers

6211.

 The Legislature finds and declares all of the following:

(a) Persons working in the elections field are often subject to harassment, threats, and acts of violence by persons or groups.

(b) Violent threats and harassment of election workers reached alarming levels in the 2020 general election and continued into 2021. A survey of election officials in 2021 found that one in three election officials feel unsafe because of their job, and nearly one in five listed threats to their lives as a job-related concern.

(c) The names, photographs, and home addresses of these public servants have been posted on internet websites. While performing election-related duties, election officials were subjected to explicit death threats, anger-laden language and demoralizing behavior, statements that threatened their own and their family’s safety and well-being, and statements that interfered with their ability to do their job. The threat of violence toward election workers has extended beyond the polling place and into the home.

(d) Experts predict a massive departure from the profession of election administration if protective measures are not implemented. In California, 15 percent of election officials have retired since the 2020 election.

(e) Elections play a vital role in a free and fair society and are a cornerstone of American democracy, but those charged with administrating elections are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential.

(f) The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of an election worker, to enable interagency cooperation with the Secretary of State in providing address confidentiality for election workers, and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.

6211.5.

 For the purposes of this chapter, the following definition definitions apply:

(a) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.

(b) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.

(c) “Election worker” means a person who is employed by or contracts with the Secretary of State or a local election office. For the purposes of this chapter, an election worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices.

(d) “Election office” includes any state or local office administering elections, registration for elections, or both, for local, state, or federal contests.

(e) “Harassment” is conduct, including following or stalking, making phone calls, or sending correspondence, that would cause a reasonable person to fear for their safety or the safety of their immediate relative.

(e)

(f) “Immediate relative” means a spouse, child, in-law, parent, or sibling of an election worker, or any other person who shares a household with the election worker.

6212.

 (a) An adult person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process may include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:

(1) If the applicant alleges that the basis for the application is that the applicant is an election worker or immediate relative of an election worker, who is fearful for their safety or the safety of their family due to their capacity as an employee of an election office, the application shall be accompanied by all of the following:

(A) Documentation showing that the individual is to commence employment or is currently employed as an employee at an election office.

(B) A certified statement signed by a person authorized by the election office stating that the office or any of its employees is or was the target of threats or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section that they know to be false is guilty of a misdemeanor.

(C) A sworn statement that the applicant fears for their safety or the safety of their family, due to their affiliation with the elections office providing the declaration described in subparagraph (B).

(2) (A) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.

(B) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.

(C) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.

(D) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.

(E) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.

(3) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.

(4) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence toward the applicant.

(5) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Secretary of State.

(c) Applications submitted by an election office or its employees shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter.

(d) The Address Confidentiality for Election Workers Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.

(d)

(e) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.

(e)

(f) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.

6212.1.

 (a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and their current identification card. Certification shall be terminated on the date of receipt of this notification.

(b) The Secretary of State may terminate a program participant’s certification and invalidate their 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 Secretary of State 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 provided to the Secretary of State, 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 Secretary of State is returned as nondeliverable.

(5) The program participant fails to disclose a change in employment or termination as an election worker.

(6) The program participant, who reaches 18 years of age during their certification term, has not renewed their certification within 60 days of reaching 18 years of age.

(c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person has abandoned their domicile in this state.

(d) If termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 business days in which to appeal the termination under procedures developed by the Secretary of State.

(e) The Secretary of State 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.

(f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record.

(g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.

6212.2.

 (a) A program participant may request that state and local agencies use the address designated by the Secretary of State as their address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:

(1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.

(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.

(b) A program participant may request that state and local agencies use the address designated by the Secretary of State as their address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:

(1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.

(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.

(c) A program participant may use the address designated by the Secretary of State as their work address.

(d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing.

(e) Notwithstanding subdivision (a), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department.

6212.3.

 A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code.

6212.4.

 The Secretary of State shall 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 6212.1.

6212.5.

 The Secretary of State shall designate state and local agencies and nonprofit agencies that may assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice.

6212.6.

 The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies. The Secretary of State shall administer this chapter together with and in the same manner as the Address Confidentiality For Victims of Domestic Violence and Stalking (Safe at Home) program.

6212.7.

 (a) A person, business, or association shall not publicly post or publicly display on the internet the home address of a program participant who has made a written demand of that person, business, or association to not disclose the home address of the program participant.

(b) A person, business, or association shall not knowingly post the home address of a program participant, or of the program participant’s residing spouse or child, on the internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.

(c) This section does not apply to an interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.

6212.8.

 The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information:

(a) The program participant is authorized by law to request to use their address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.

(b) The program participant may create a revocable living trust and place their real property into the trust to protect their residential street address from disclosure in real property transactions.

(c) The program participant may obtain a change of their legal name to protect their anonymity.

(d) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, state and local agencies, or other nonprofit organizations that may be able to assist program participants.

SEC. 6.

 Section 6215.1 of the Government Code is amended to read:

6215.1.

 Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(a) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.

(b) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.

(c) “Harassment” is conduct, including following or stalking, making phone calls, or sending correspondence, that would cause a reasonable person to fear for their safety or the safety of their immediate relative.

(c)

(d) “Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility.

(d)

(e) “Reproductive health care services provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing reproductive health care services, or a person who owns or operates a reproductive health care services facility.

(e)

(f) “Reproductive health care services facility” includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic, or other licensed health care facility that provides reproductive health care services and includes only the building or structure in which the reproductive health care services are actually provided.

SEC. 7.

 Section 6215.2 of the Government Code is amended to read:

6215.2.

 (a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:

(1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for his or her their safety or the safety of his or her their family because of his or her their affiliation with a reproductive health care services facility, the application shall be accompanied by all of the following:

(A) Documentation showing that the individual is to commence employment or is currently employed as a provider or employee at a reproductive health care services facility or is volunteering at a reproductive health care services facility.

(B) A certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section which he or she that the person knows to be false is guilty of a misdemeanor.

(C) A sworn statement that the applicant fears for his or her their safety or the safety of his or her their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to his or her their affiliation with the reproductive health care services facility providing the declaration described in subparagraph (B).

(2) If the applicant alleges that the basis for the application is that the applicant is a reproductive health care services facility volunteer, the application shall, in addition to the documents specified in paragraph (1), be accompanied by reproductive health care services facility documentation showing the length of time the volunteer has committed to working at the facility.

(3) If the applicant alleges that the basis of the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a person who is or has been the target of threats or acts of violence because he or she the applicant is obtaining or seeking to obtain services at a reproductive health care services facility within one year of the date of the application, the application shall be accompanied by the following:

(A) A sworn statement that the applicant has good reason to fear for his or her their safety or the safety of his or her their family.

(B) Any police, court, or other government agency records or files that show any complaints of the alleged threats or acts of violence.

(4) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.

(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.

(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.

(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.

(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.

(5) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.

(6) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence toward the applicant.

(7) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Secretary of State.

(c) Applications submitted by a reproductive health care services facility, its providers, employees, or volunteers shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter. No applicant who is a patient of a reproductive health care services facility shall be required to pay an application fee or the annual fee under this program.

(d) The Address Confidentiality for Reproductive Health Care Services Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.

(e) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants, with the exception of reproductive health care services facilities volunteers, shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. Reproductive health care services facility volunteers shall be certified until six months from the last date of volunteering with the facility. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.

(f) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.

SEC. 5.Section 1808.21 of the Vehicle Code is amended to read:

1808.21.

(a)Any residence address in any record of the department is confidential and shall not be disclosed to any person, except a court, law enforcement agency, or other government agency, or as authorized in Section 1808.22 or 1808.23.

(b)Release of any mailing address or part thereof in any record of the department may be restricted to a release for purposes related to the reasons for which the information was collected, including, but not limited to, the assessment of driver risk, or ownership of vehicles or vessels. This restriction does not apply to a release to a court, a law enforcement agency, or other governmental agency, or a person who has been issued a requester code pursuant to Section 1810.2.

(c)Any person providing the department with a mailing address shall declare, under penalty of perjury, that the mailing address is a valid, existing, and accurate mailing address and shall consent to receive service of process pursuant to subdivision (b) of Section 415.20, subdivision (a) of Section 415.30, and Section 416.90 of the Code of Civil Procedure at the mailing address.

(d)(1)Any registration or driver’s license record of a person may be suppressed from any other person, except those persons specified in subdivision (a), if the person requesting the suppression submits either of the following:

(A)A certificate or identification card issued to the person as a program participant by the Secretary of State pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Election Workers program pursuant to Chapter 3.15 (commencing with Section 6211) of Division 7 of Title 1 of the Government Code.

(B)Verification acceptable to the department that they have reasonable cause to believe either of the following:

(i)That they are the subject of stalking, as specified in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.

(ii)That there exists a threat of death or great bodily injury to their person, as defined in Section 12022.7 of the Penal Code.

(2)Upon suppression of a record, each request for information about that record shall be authorized by the subject of the record or verified as legitimate by other investigative means by the department before the information is released.

(e)(1)The suppression of a record pursuant to a verification under subparagraph (B) of paragraph (1) of subdivision (d) shall occur for one year after approval by the department. Not less than 60 days prior to the date the suppression of the record would otherwise expire, the department shall notify the subject of the record of its impending expiration. The suppression may be continued for two additional periods of one year each if a letter is submitted to the department stating that the person continues to have a reasonable cause to believe that they are the subject of stalking or that there exists a threat of death or great bodily injury as described in subparagraph (B) of paragraph (1) of subdivision (d). The suppression may be additionally continued at the end of the second one-year period by submitting verification acceptable to the department. The notification described in this subdivision shall instruct the person of the method to reapply for record suppression.

(2)The suppression of a record made in accordance with the submission of a certificate or identification card under subparagraph (A) of paragraph (1) of subdivision (d) shall occur for four years following the submission of the certificate or identification card described in this paragraph. The suppression may be continued for an additional four-year period, and for subsequent four-year periods, upon the submission of a current certificate or identification card described in this paragraph.

(f)For the purposes of subdivisions (d) and (e), “verification acceptable to the department” means recent police reports, court documentation, or other documentation from a law enforcement agency.

SEC. 6.Section 1808.4 of the Vehicle Code is amended to read:

1808.4.

(a)For all of the following persons, the person’s home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:

(1)Attorney General.

(2)State Public Defender.

(3)A Member of the Legislature.

(4)An active or retired judge or court commissioner.

(5)A district attorney.

(6)A public defender.

(7)An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.

(8)A city attorney, city prosecutor, or an attorney who submits verification from their public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney or city prosecutor.

(9)A nonsworn police dispatcher.

(10)A child abuse investigator or social worker, working in child protective services within a social services department.

(11)An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(12)An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.

(13)A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of the employee’s employment, the employee controls or supervises inmates or is required to have a prisoner in the employee’s care or custody.

(14)A county counsel assigned to child abuse cases.

(15)An investigator employed by the Department of Justice, a county district attorney, or a county public defender.

(16)A member of a city council.

(17)A member of a board of supervisors.

(18)A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.

(19)An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.

(20)An employee of a trial court.

(21)A psychiatric social worker employed by a county.

(22)A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.

(23)A state employee in one of the following classifications:

(A)Licensing-Registration Examiner, Department of Motor Vehicles.

(B)Motor Carrier Specialist I, Department of the California Highway Patrol.

(C)Museum Security Officer and Supervising Museum Security Officer.

(D)Licensing Program Analyst, State Department of Social Services.

(24)An election worker, as defined in Section 6211.5 of the Government Code.

(25)(A)The spouse or child of a person listed in paragraphs (1) to (24), inclusive, regardless of the spouse’s or child’s place of residence.

(B)The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.

(C)The surviving spouse or child of a judge or court commissioner, if the judge or court commissioner died in the performance of their duties.

(D)(i)Subparagraphs (A), (B), and (C) do not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.

(ii)For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A), (B), or (C) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.

(iii)Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A), (B), or (C) was convicted of a crime and is on active parole or probation.

(E)(i)The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A), (B), or (C) who is the child or spouse of a person described in paragraph (4), (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.

(ii)The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction.

(b)The confidential home address of a person 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 home address, 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.

(c)(1)A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.

(2)Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.

(3)With respect to a retired peace officer, the peace officer’s home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (25) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.

(4)The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.

(5)With respect to a retired judge or court commissioner, the retired judge or court commissioner’s home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (C) of paragraph (25) of subdivision (a) shall be withheld from public inspection for three years following the death of the judge or court commissioner.

(d)A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, a judge or court commissioner, as specified in paragraph (4) of subdivision (a), or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) or (C) of paragraph (25) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, judge or court commissioner, or the spouses or children of these persons is a felony.

SEC. 7.SEC. 8.

 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.

SEC. 8.SEC. 9.

 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:

Individuals charged with administrating elections and persons who work at reproductive health care facilities are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, and acts of harassment targeting reproductive health care workers, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential.

SEC. 10.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure the safety of California’s elections workers due to the increase in documented violent threats against election officials across the country and to protect reproductive health care workers from harassment, it is necessary for this act to take effect immediately.