Digest: Existing law establishes the Witness Relocation and Assistance Program. This bill would provide that no person, state, or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information ... »
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Digest: Existing law establishes the Witness Relocation and Assistance Program. This bill would provide that no person, state, or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness family member, and that a violation of these provisions would be a misdemeanor punishable by a fine of up to $2,500, or up to 6 months in a county jail, or by both that fine and imprisonment. The bill would also provide that a violation that leads to the bodily injury of the witness, or the witness family members who are participating in the program, is a misdemeanor punishable by afine of up to $5,000, or up to one year in a county jail, or by both that fine and imprisonment. The bill would authorize participants in the program to submit opt-out forms to Internet search engine providers to notify those providers of the participants, and to prevent inclusion of the participants addresses and telephone numbers in public Internet search databases, as specified. The bill would require a business, state or local agency, private entity, or person to remove the home address or telephone number of a WRAP participant from its public Internet search databases within two business days of deliveryof the opt-out form, and to ensure the information is not reposted on the same Internet Web site, a subsidiary site, or any other Internet Web site maintained by the recipient of the opt-out form, and would subject a violator of this provision to a $5,000 civil fine, as specified. The bill would authorize a witness whose home address or telephone number is made public as a result of a violation, as specified, to bring an action seeking injunctive or declaratory relief. The bill would further provide that no business, state or local agency, private entity, or person that hasreceived an opt-out form from a WRAP participant shall solicit, sell, or trade on the Internet the home address or telephone number of that participant, and would authorize an action for damages, as specified, for a violation of this prohibition. By creating new crimes, this bill would impose a state-mandated local program. 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 a specified reason. »
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