AB 1491

Bill Subjects

Abstract

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.