AB 1491 California Assembly · 2019-2020 Regular Session

Public records: exception to disclosure: public officials.

Summary
The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. Among other things, the act prohibits a person from knowingly posting the home address or telephone number of an elected or appointed official, or of the official's residing spouse or child on the internet knowing that the person is an elected or appointed official and intending to cause imminent great bodily harm to that individual or threatening to cause imminent great bodily harm to that individual, as specified. A violation of this prohibition that leads to the bodily injury of a public official or the official's residing spouse or child is punishable as a misdemeanor or felony. This bill would revise this prohibition to instead prohibit a person from knowingly posting on the internet the home address, telephone number, license plate, or vehicle description of any elected or appointed official, or the official's spouse or immediate family, knowing that person is an elected or appointed official and intending to cause intimidation, harassment, or bodily harm to that individual or threatening to cause bodily harm to that individual. The bill would revise the criminal penalty for a violation of this prohibition to apply to violations that lead to the bodily injury of the public official or the official's spouse or immediate family. By expanding the scope of conduct punishable as a misdemeanor or felony under these provisions, this bill would impose a state-mandated local program. The bill would also make various nonsubstantive changes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 specified reasons.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2019
Committee Review
Floor Vote
Governor
Introduced Feb 22, 2019 Last action Feb 3, 2020
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
9
Key actions
2
Committee
4
Apr 3, 2019
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 26, 2019
Committee
Re-referred to Com. on JUD.
lower
Mar 25, 2019
Committee
Referred to Coms. on JUD. and PUB. S.
lower
Feb 23, 2019
Lower · Passed
From printer. May be heard in committee March 25.
lower
Feb 22, 2019
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jay Obernolte
Jay Obernolte
RRepublican
CA
33