California 2011 2011-2012 Regular Session

California Assembly Bill AB2383 Amended / Bill

Filed 05/14/2012

 BILL NUMBER: AB 2383AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 14, 2012 AMENDED IN ASSEMBLY MARCH 26, 2012 INTRODUCED BY Assembly Member Ammiano FEBRUARY 24, 2012 An act to amend Section  1810.5   1808.51  of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2383, as amended, Ammiano. Vehicles:  public   confidential  records: access by certain  public  officials. Existing law requires that the Attorney General, district attorneys, law enforcement agencies, city attorneys prosecuting specified misdemeanor actions, public defenders, and public defender investigators have access, including, but not limited to, telephone access, to specified records of the Department of Motor Vehicles.  This bill would additionally require that a city attorney of a city and county and his or her investigators have access to those records of the department.   Existing law requires a driver's license to bear a fullface engraved picture or photograph of the licensee and prohibits the department, unless requested by the licensee, from distributing or selling the licensee's picture or photograph or any information pertaining to the licensee's physical characteristics to any private individual, other than the licensee, or to any firm, copartnership, association, or corporation, except as specified.   This bill would authorize the department to provide copies of fullface engraved pictures or photographs of individuals directly to a city attorney of a city and county and his or her investigators for purposes of performing functions related to city and county operations.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1808.51 of the   Vehicle Code   is amended to read:  1808.51. Notwithstanding  Section   Sections  1808.5  and 12800.5  ,  both of  the  Department   following may obtain copies of fullface engraved pictures   or photographs of individuals directly from the department:   (a)     The Department  of Real Estate, as a department, individually, or through its staff,  may obtain copies of fullface engraved pictures or photographs of individuals directly from the Department of Motor Vehicles,  for  the  purposes of enforcing the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of the Business and Professions Code).  (b) The city attorney of a city and county and his or her investigators for purposes of performing functions related to city and county operations.   SECTION 1.   Section 1810.5 of the Vehicle Code is amended to read: 1810.5. The Attorney General, district attorneys, law enforcement agencies, city attorneys prosecuting misdemeanor actions under Section 41803.5 of the Government Code, a city attorney of a city and county and his or her investigators, public defenders, and public defender investigators shall have access, including, but not limited to, telephone access, to the records of the department. For purposes of obtaining a governmental entity requester code from the department, the office of a city attorney engaged in the prosecution of criminal actions and a city attorney of a city and county shall be deemed a law enforcement entity.