California Assembly Bill AB1361 Amended / Bill

 BILL NUMBER: AB 1361AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Portantino FEBRUARY 27, 2009 An act to amend Section  111.5   1808.4  of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1361, as amended, Portantino.  All-terrain vehicles.   Department of Motor Vehicles: records.   Existing law makes confidential the home address of any of a list of state officers and employees that appears in the Department of Motor Vehicles (DMV) records, if an officer or employee requests that address be kept confidential, with certain exemptions for information available to specified governmental agencies. Existing law provides that the home address shall be withheld from public inspection for 3 years following termination of office or employment, except with respect to retired peace officers, whose home addresses shall be withheld from public inspection permanently, upon request.   This bill would revise the exemptions to nondisclosure to provide that a governmental agency may obtain the information necessary to process the service and collection of a traffic, parking, toll bridge, or toll road violation.   The bill would also provide that the applicable statutory time periods for processing traffic, parking, toll bridge, or toll road violations are tolled until the DMV provides the law enforcement agency or governmental agency with the confidential home addressee's information.   Existing law requires all-terrain vehicle safety training organization operators and instructors to be licensed by the Department of Motor Vehicles. Existing law defines the term "all-terrain vehicle safety training organization" as an organization that is approved to offer all-terrain vehicle safety instruction and that has been issued a license.   This bill would make technical, nonsubstantive changes to that law.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1808.4 of the   Vehicle Code   is amended to read:  1808.4. (a) For all of the following persons, his or her 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) A 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 and an attorney who submits verification from his or her 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. (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 his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her 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 1, California Highway Patrol. (C) Museum Security Officer and Supervising Museum Security Officer. (24) (A) The spouse or child of a person listed in paragraphs (1) to (23), 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. (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 provision of law, information is required to be furnished from records maintained by the department , or the information is   necessary to process the service and collection of a traffic, parking, toll bridge, or toll road violation  . (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.  The home address shall be withheld from public inspection for three years following the termination of office or employment.   (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)   (2)  With respect to a retired peace officer, his or her 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 (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.  (4)   (3)  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.  (d) The applicable statutory time periods for processing the service and collection of traffic parking, toll bridge, or toll road violations are tolled until the department provides the law enforcement agency or governmental agency with the confidential home addressee's information.   (d)   (e)  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, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff's office, or the spouses or children of these persons is a felony.  SECTION 1.   Section 111.5 of the Vehicle Code is amended to read: 111.5. An "all-terrain vehicle safety training organization" is an organization that is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and that has been issued a license by the department pursuant to Section 11105.6.