California Government Code 6254.21
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6254.21. (c) (1) 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. 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. 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. For this purpose, "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 jury or 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.
(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 provision of 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).
(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.
6254.24. As used in this chapter, "public safety official" means the following:
(a) An active or retired peace officer as defined in Sections 830 and 830.1 of the Penal Code.
(b) An active or retired 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 (c) of Section 6254.21.
(d) Attorneys employed by the Department of Justice, the State Public Defender, or a county office of the district attorney or public defender.
(e) City attorneys and attorneys who represent cities in criminal matters.
(f) Specified employees of the Department of Corrections, the California Youth Authority, and the Prison Industry Authority who supervise inmates or are required to have a prisoner in their care or custody.
(g) Non-sworn employees who supervise inmates in a city police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, and local detention facilities, and local juvenile halls, camps, ranches, and homes.
(h) Federal prosecutors and criminal investigators and National Park Service Rangers working in California.
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Legislative Update
California State Assembly Member Ted Lieu ( D- Torrance) has introduced a new amendment to California Government Code 6254.21. AB 32 is currently being reviewed by the Governor and is awaiting his signature.
AB 32 makes the following changes to California
Government Code 6254.21.
1) This bill would require Internet Data Vendors to remove
the public official's home address from public display
within 48 hours of the delivery of the Demand Letter.
2) The bill would allow peace officers or appointed officials to designate their employer, association, or voluntary association, to act as their agent with regard to making a written demand or seeking enforcement of the government code.
3) Non-compliance could result in a criminal violation (misdemeanor). If the violation results in the bodily injury of the peace officer, or his or her family who reside in the same house, the criminal violation might result in a misdemeanor or felony conviction.
PolicePrivacy.com will keep you updated on the status of this bill. We would like to take this opportunity to thank Assemblyman Ted Lieu for continued efforts to keep California's Peace Officers and appointed officials safe.
Mo Click here to leave a message for Assembly Member Ted Lieu
California State Assembly Member Ted Lieu ( D- Torrance) has introduced a new amendment to California Government Code 6254.21. AB 32 is currently being reviewed by the Governor and is awaiting his signature.
AB 32 makes the following changes to California
Government Code 6254.21.
1) This bill would require Internet Data Vendors to remove
the public official's home address from public display
within 48 hours of the delivery of the Demand Letter.
2) The bill would allow peace officers or appointed officials to designate their employer, association, or voluntary association, to act as their agent with regard to making a written demand or seeking enforcement of the government code.
3) Non-compliance could result in a criminal violation (misdemeanor). If the violation results in the bodily injury of the peace officer, or his or her family who reside in the same house, the criminal violation might result in a misdemeanor or felony conviction.
PolicePrivacy.com will keep you updated on the status of this bill. We would like to take this opportunity to thank Assemblyman Ted Lieu for continued efforts to keep California's Peace Officers and appointed officials safe.
Mo Click here to leave a message for Assembly Member Ted Lieu
Additional Information
Click here to view additional information about privacy protection for California Elected and Appointed officials from the California Office Of Privacy Protection
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PolicePrivacy.com was the first organization to utilize California Government Code 6254.21 to protect California government officials. Since 2005, we have strived to protect the privacy rights of California peace officers, district attorneys, judges and elected officials. Our pioneering efforts, and continued dedication, has earned us the trust of California's public safety professionals and appointed officials.
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