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						   Prior to 2002, California Government 
						  Code § 6254.21, prohibited state and local agencies from 
						  posting home addresses and telephone numbers of 
						  elected and appointed officials on the internet 
						  without their permission.  In 2002, California 
						  Assembly Member Richard Dickerson introduced Assembly 
						  Bill 2238.  AB 2238 amended the law by 
						  prohibiting any person from knowingly posting home 
						  addresses and telephone numbers of 
						  any elected or appointed official, or the official's 
						  residing spouse or child, on the
						  Internet knowing that person is an elected or 
						  appointed official and intending to cause imminent 
						  great bodily harm that is likely to
						  occur, or threatening to cause imminent great bodily 
						  harm to that individual.  The bill extended this protection to public safety 
						  officials as well, and also made a violation of this law a 
						  misdemeanor.  Additionally, the bill 
						  created a task force to determine how to protect a 
						  public safety official's home information.  AB 
						  2238 was a great start in protecting law enforcement 
						  officers personal information, but the downside was it 
						  only protected law enforcement officials if someone 
						  posted their home address or telephone number on the 
						  internet  knowing that person is an elected 
						  or appointed official and with intent to harm 
						  them or their family.  
						  
						  In 2005, California Assembly Member 
						  Noreen Evans introduced Assembly Bill 1595 which 
						  changed GC § 6254.21 to prohibit a person, business, 
						  or association from publicly posting or publicly 
						  displaying on the Internet the home address or 
						  telephone number of any elected or appointed official 
						  if that official has made a written demand of that 
						  person, business, or association to not disclose his 
						  or her home address or telephone number.  This 
						  amendment was a huge success for public safety 
						  officials in that it finally allowed them to opt-out 
						  of internet data bases to prevent their home addresses 
						  and phone numbers being readily available on the 
						  internet. 
						  In 2009, California Assembly Member 
						  Ted Lieu introduced Assembly Bill 32.  The bill 
						  again amended GC § 6254.21.  It now required data vendors to 
						  immediately remove elected, appointed, and public 
						  safety officials within forty-eight hours of receiving 
						  a written demand.  It also requires that the 
						  information removed stays removed for four years.  
						    
						  As you can see GC § 6254.21 has 
						  become a great tool for public safety, elected and 
						  appointed officials in keeping themselves and their 
						  family's safe!  See below for the current law: 
								Government Code § 6254.21  
								(a) No state or local agency shall post the home 
								address or telephone number of any elected or 
								appointed official on the Internet without first 
								obtaining the written permission of that 
								individual. 
   (b) No person shall knowingly post the home 
								address or telephone number of any elected or 
								appointed official, or of the official's 
								residing spouse or child, on the Internet 
								knowing that person is an elected or appointed 
								official and intending to cause imminent great 
								bodily harm that is likely to occur or 
								threatening to cause imminent great bodily harm 
								to that individual. A violation of this 
								subdivision is a misdemeanor. A violation of 
								this subdivision that leads to the bodily injury 
								of the official, or his or her residing spouse 
								or child, is a misdemeanor or a felony. 
								(c) (1) (A) No person, 
								business, or association shall publicly post or 
								publicly display on the Internet the home 
								address or telephone number of any elected or 
								appointed official if that official has made a 
								written demand of that person, business, or 
								association to not disclose his or her home 
								address or telephone number. 
   (B) A written demand made under this paragraph by a state 
								constitutional officer, a mayor, or a Member of 
								the Legislature, a city council, or a board of 
								supervisors shall include a statement describing 
								a threat or fear for the safety of that official 
								or of any person residing at the official's home 
								address. 
   (C) A written demand made under this paragraph by an elected 
								official shall be effective for four years, 
								regardless of whether or not the official's term 
								has expired prior to the end of the four-year 
								period. 
   (D) (i) A person, business, or association that receives the 
								written demand of an elected or appointed 
								official pursuant to this paragraph shall remove 
								the official's home address or telephone number 
								from public display on the Internet, including 
								information provided to cellular telephone 
								applications, within 48 hours of delivery of the 
								written demand, and shall continue to ensure 
								that this information is not reposted on the 
								same Internet Web site, subsidiary site, or any 
								other Internet Web site maintained by the 
								recipient of the written demand. 
   (ii) After receiving the elected or appointed official's written 
								demand, the person, business, or association 
								shall not transfer the appointed or elected 
								official's home address or telephone number to 
								any other person, business, or association 
								through any other medium. 
   (iii) Clause (ii) shall not be deemed to prohibit a telephone 
								corporation, as defined in Section 234 of the 
								Public Utilities Code, or its affiliate, from 
								transferring the elected or appointed official's 
								home address or telephone number to any person, 
								business, or association, if the transfer is 
								authorized by federal or state law, regulation, 
								order, or tariff, or necessary in the event of 
								an emergency, or to collect a debt owed by the 
								elected or appointed official to the telephone 
								corporation or its affiliate. 
   (E) For purposes of this paragraph, "publicly post" or "publicly 
								display" means to intentionally communicate or 
								otherwise make available to the general public. 
   (2) An official whose home address or 
								telephone number is made public as a result of a 
								violation of paragraph (1) may bring an 
								action seeking injunctive or declarative relief 
								in any court of competent jurisdiction. 
								If a court finds that a violation has occurred, 
								it may grant injunctive or declarative relief 
								and shall award the official court costs and 
								reasonable attorney's fees. A fine not exceeding 
								one thousand dollars ($1,000) may be imposed for 
								a violation of the court's order for an 
								injunction or declarative relief obtained 
								pursuant to this paragraph. 
   (3) An elected or appointed official may designate in writing the 
								official's employer, a related governmental 
								entity, or any voluntary 
								professional association of similar officials to 
								act, on behalf of that official, as that 
								official's agent with regard to making a written 
								demand pursuant to this section. A written 
								demand made by an agent pursuant to this 
								paragraph shall include a statement describing a 
								threat or fear for the safety of that official 
								or of any person residing at the official's home 
								address. 
   (d) (1) No person, business, or association shall solicit, sell, or 
								trade on the Internet the home address or 
								telephone number of an 
								elected or appointed official with the intent to 
								cause imminent great bodily harm to the official 
								or to any person residing at the official's home 
								address. 
   (2) Notwithstanding any other law, an official whose home address 
								or telephone number is solicited, sold, or 
								traded in violation of 
								paragraph (1) may bring an action in any court 
								of competent jurisdiction. If a jury or court 
								finds that a violation has occurred, it shall 
								award damages to that official in an amount up 
								to a maximum of three times the actual damages 
								but in no case less than four thousand dollars 
								($4,000). 
   (e) An interactive computer service or access software provider, as 
								defined in Section 230(f) of Title 47 of the 
								United States Code, 
								shall not be liable under this section 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 an elected or appointed official.   
   (f) 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. 
   (14) State administrative law judges. 
   (15) Federal judges and federal defenders. 
   (16) Members of the United States Congress and appointees of the 
								President. 
   (g) Nothing in this section is intended to preclude punishment 
								instead under Sections 69, 76, or 422 of the 
								Penal Code, or any other 
								provision of law. 
								California Government Code § 
								6254.24 defines a public safety official as: 
								
								As used in this chapter, "public safety 
								official" means the following parties,
								whether active or retired: 
   (a) A peace officer as defined in Sections 830 to 830.65, 
								inclusive, of the Penal Code, 
								or a person who is not a peace officer, 
								but may exercise the powers of arrest during the 
								course and within the scope of their employment 
								pursuant to Section 830.7 of the Penal 
								Code.  
   (b) A public officer or other person listed in Sections 1808.2 and 
								1808.6 of the Vehicle Code. 
   (c) An "elected or appointed official" as defined in subdivision 
								(f) of Section 6254.21. 
   (d) An attorney employed by the Department of Justice, the State 
								Public Defender, or a county office of the 
								district attorney or public defender, the United 
								States Attorney, or the Federal Public Defender. 
   (e) A city attorney and an attorney who represent cities in 
								criminal matters. 
   (f) An employee of the Department of Corrections and Rehabilitation 
								who supervises inmates or is required to have a 
								prisoner in his or her care or custody. 
   (g) A sworn or nonsworn employee who supervises inmates in a city 
								police department, a county sheriff's office, 
								the Department of the 
								California Highway Patrol, federal, state, or a 
								local detention facility, and a local juvenile 
								hall, camp, ranch, or home, and a probation 
								officer as defined in Section 830.5 of the Penal
								Code. 
   (h) A federal prosecutor, a federal criminal investigator, and a 
								National Park Service Ranger working in 
								California. 
   (i) The surviving spouse or child of a peace officer defined in 
								Section 830 of the Penal Code, 
								if the peace officer died in the line 
								of duty. 
   (j) State and federal judges and court commissioners. 
   (k) An employee of the Attorney General, a district attorney, or a 
								public defender who submits verification from 
								the Attorney General, 
								district attorney, or public defender that the 
								employee represents the Attorney General, 
								district attorney, or public defender in matters 
								that routinely place that employee in personal 
								contact with persons under investigation for, 
								charged with, or convicted of, committing 
								criminal acts. 
   (l) A nonsworn employee of the Department of Justice or a police 
								department or sheriff's office that, in the 
								course of his or her employment, is responsible 
								for collecting, documenting, and preserving 
								physical evidence at crime scenes, testifying in 
								court as an expert witness, and other technical 
								duties, and a nonsworn employee that, in the 
								course of his or her employment, performs a 
								variety of standardized and advanced laboratory 
								procedures in the examination of physical crime 
								evidence, determines their results, and provides 
								expert testimony in court. 
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