California 2019-2020 Regular Session Status: In Committee

AB 1491 — Public records: exception to disclosure: public officials.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on JUD.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  6. Referred to Coms. on JUD. and PUB. S.

  7. Read first time.

  8. From printer. May be heard in committee March 25.

  9. Introduced. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Obernolte

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1491 do?
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.
Who sponsors AB 1491?
AB 1491 is sponsored by Obernolte.
What is the current status of AB 1491?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1491?
Track AB 1491 free on One Click Politics — get push/email alerts when it moves.

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