BILL NUMBER: AB 2238 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickerson
FEBRUARY 20, 2002
An act to amend Section 6254.21 of, and to add Sections 6254.23
and 6254.24 to, the Government Code, and to amend Section 146e of the
Penal Code, relating to public officials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2238, as introduced, Dickerson. Public Safety Officials Home
Protection Act.
Existing law prohibits any state or local agency from posting the
home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of
that individual.
This bill would prohibit any person from knowingly posting the
above information of any elected or appointed official or the
official's spouse or child on the Internet knowing that person is an
elected or appointed official and intending or threatening imminent
physical harm to that individual. The bill would include public
safety officials within the list of covered officials. This bill
would make a violation of these provisions a misdemeanor, and would
make the violation a felony if it leads to the bodily injury of the
official or his or her spouse or child.
This bill would also permit a public safety official, as defined,
to use his or her business address or telephone number in lieu of a
home address for specified public records, and would prohibit
specified people and entities from disclosing the home address and
telephone number of public safety officials, or possessing that
information. A willful violation of these provisions by specified
people would be a misdemeanor or a felony if the willful violation
resulted in bodily injury to the official, his or her spouse or
child. Because this bill would create a new crime, it would impose a
state-mandated local program.
Under existing law every person who maliciously, and with the
intent to obstruct justice or the due administration of the laws,
publishes, disseminates, or otherwise discloses the residence address
or telephone number of any peace officer, nonsworn police
dispatcher, or employee of a city police department or county sheriff'
s office, or that of the spouse or children of these persons, whether
living with them or not, while designating the peace officer or
nonsworn police dispatcher or relative of these persons as such,
without the authorization of the employing agency, is guilty of a
misdemeanor.
This bill would include with the intent or threat to inflict
imminent physical harm in retaliation for the due administration of
the laws in the above prohibition, and would include public safety
officials, as defined, among the list of those who may not have their
information published. Because this bill would create a new crime,
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Public
Safety Officials Home Protection Act.
SEC. 2. Section 6254.21 of the Government Code is amended to read:
6254.21. (a) No state or local agency
person shall knowingly post the home address or
telephone number of any elected or appointed official , or of
the official's spouse or child on the Internet without
first obtaining the written permission of that individual
knowing that person is an elected or appointed official and
intending or threatening imminent physical harm to that individual.
A violation of this section is a misdemeanor. A violation of this
section that leads to the bodily injury of the official, or his or
her spouse or child, is a felony .
(b) For purposes of this section "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official as defined in Section 6254.24.
SEC. 3. Section 6254.23 is added to the Government Code, to read:
6254.23. (a) Nothing in this chapter or any other provision of
law shall require a public safety official, or his or her spouse or
child, to disclose his or her home address or telephone number on any
public record maintained by any state, county, or city agency in
this state.
(b) A public safety official, or his or her spouse or child, may
substitute his or her business address or telephone number in lieu of
a home address or telephone number for any of the following:
(1) Any public record maintained by any state, county, or city
agency in this state.
(2) Upon demand and under penalty of perjury, any public record
maintained by any public agency in the state.
(c) No public agency shall disclose the confidential home address
and telephone number of a public safety official to any person
without the written consent of the official, except to a court, a law
enforcement agency, the State Board of Equalization, or any
governmental agency to which, under any provision of law, information
is required to be furnished from records maintained by that agency.
The disclosed information shall be limited solely for the required
purpose.
(d) Every person, business, and association in the state shall
remove from their records or data base the home address and telephone
information of a public safety official, or his or her spouse or
child, unless they have the consent of the public official to have
that information, and may insert in its place a business address or
telephone number of that public safety official, or his or her spouse
or child, upon demand and under penalty of perjury.
(e) A willful violation of subdivision (d) is a misdemeanor. A
willful violation of subdivision (d) that leads to the bodily injury
of that public safety official, or his or her spouse or child, is a
felony.
(f) In addition to any other remedies provided by law, a violation
of this section is a tort and may result in any damages and
injunctive relief.
(g) For purposes of this section, "public safety official" is
defined in Section 6254.24.
SEC. 4. Section 6254.24 is added to the Government Code, to read:
6254.24. As used in this chapter, "public safety official" means
the following:
(a) An active or retired peace officer as defined in Sections 830
and 830.1 of the Penal Code.
(b) An active or retired public officer or other person listed in
Sections 1808.2, 1808.4, and 1808.6 of the Vehicle Code.
SEC. 5. Section 146e of the Penal Code is amended to read:
146e. (a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with
the intent or threat to inflict imminent physical harm in retaliation
for the due administration of the laws, publishes,
disseminates, or otherwise discloses the residence address or
telephone number of any peace officer, nonsworn police dispatcher, or
employee of a city police department or county sheriff's office,
or a public safety official, or that of the spouse or
children of these persons, whether living with them or not, while
designating the peace officer or nonsworn police dispatcher,
employee of a city police department or county sheriff's office or
public safety official, or relative of these persons as such,
without the authorization of the employing agency, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) with regard to any peace
officer, employee of a city police department or county sheriff's
office, public safety official, or the spouse or children
of these persons that results in bodily injury to the peace officer,
employee of the city police department or county sheriff's office
, or public safety official , or the spouse or children of
these persons is a felony.
(c) For purposes of this section, "public safety official" is
defined in Section 6254.24 of the Government Code.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.