California Assembly Bill AB953 Introduced / Bill

 BILL NUMBER: AB 953INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Eng FEBRUARY 26, 2009 An act to amend Section 1808.22 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 953, as introduced, Eng. Department of Motor Vehicles: records: confidentiality. Existing law requires the residence address in a record of the Department of Motor Vehicles to be kept confidential, with specified exceptions. One exception applies to a financial institution that states that it has obtained a written waiver signed by the individual whose address is requested. Another exception applies to an insurance company when the company requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with its insured. This bill would make technical, nonsubstantive changes to that law. 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. Section 1808.22 of the Vehicle Code is amended to read: 1808.22. (a) Section 1808.21 does not apply to a financial institution licensed by the state or federal government to do business in the State of California  which   that  states under penalty of perjury that it has obtained a written waiver of Section 1808.21 signed by the individual whose address is requested, or to providing the address of  any   a  person who has entered into an agreement held by that institution prior to July 1, 1990, so long as that agreement remains in effect. (b) Section 1808.21 does not apply to an insurance company licensed to do business in California when the company, under penalty of perjury, requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with their insured, or requests the information on an individual who has signed a written waiver of Section 1808.21 or the individuals insured under a policy if a named insured of that policy has signed a written waiver. (c) Section 1808.21 does not apply to an attorney when the attorney states, under penalty of perjury, that the motor vehicle or vessel registered owner or driver residential address information is necessary in order to represent his or her client in a criminal or civil action  which   that  directly involves the use of the motor vehicle or vessel that is pending, is to be filed, or is being investigated. Information requested pursuant to this subdivision is subject to all of the following: (1) The attorney shall state that the criminal or civil action that is pending, is to be filed, or is being investigated relates directly to the use of that motor vehicle or vessel. (2) The case number, if any, or the names of expected parties to the extent they are known to the attorney requesting the information, shall be listed on the request. (3) A residence address obtained from the department shall not be used for  any   a  purpose other than in furtherance of the case cited or action to be filed or  which   that  is being investigated. (4) If  no   an  action is  not  filed within a reasonable time, the residence address information shall be destroyed. (5)  No   An  attorney shall  not  request residence address information pursuant to this subdivision in order to sell the information to  any   a  person. (6) Within 10 days of receipt of a request, the department shall notify every individual whose residence address has been requested pursuant to this subdivision. (d) A knowing violation of paragraph (1), (2), (3), (4), or (5) of subdivision (c) is a misdemeanor. A knowing violation of paragraph (1), (2), (3), (4), or (5) of subdivision (c) in furtherance of another crime is subject to the same penalties as that other crime.  (e) This section shall become operative on January 1, 2007.