As the available legal state codes below enable us to protect sworn law enforcement officers, public officials, and their families, our goal in the near future is to work with all state governments to provide our services to the entire country. At this time, in order to qualify for legal opt-out services, you must be a sworn law enforcement officer or public official in one of the following states:

If you are in a state not listed above, please check back periodically. If you know of similar government code in your state, please contact us immediately so that we can begin protecting your fellow officers and their family members.

The following information is the full description of state code, which describes why it is possible for sworn law enforcement officers and government officials to request their personal information to be deleted from public information databases.

California Government Code 6254.21 and 6254.24:

6254.21.

• (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.

• (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony.

• (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).

• (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official.

• (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.

Assembly Bill 1813 (Stats 2010, ch. 194)

Colorado Government Code

West's Colorado Revised Statutes Annotated Currentness
Title 18. Criminal Code (Refs & Annos)
Article 9. Offenses Against
Public Peace, Order, and Decency (Refs & Annos)
Part 3. Offenses Involving Communications (Refs & Annos)
p 18-9-313. Personal information on the internet--law enforcement official

• As used in this section:

  • (a) "Immediate family" means a law enforcement official's spouse, child, or parent or any other blood relative who lives in the same residence as the law enforcement official.

  • (a.5) "Law enforcement official" means a peace officer as described in section 16-2.5-101, C.R.S., a judge as defined by section 18-8-615 (3), or a prosecutor.

  • (b) "Personal information" means a law enforcement official's home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, personal photograph, directions to the law en-forcement official's home, or photographs of the law enforcement official's or the official's immediate family member's home or vehicle.

• It is unlawful for a person to knowingly make available on the intemet personal information about a law en-forcement official or the official's immediate family member, if the dissemination of the personal information poses an imminent and serious threat to the law enforcement official's safety or the safety of the law enforce-ment official's immediate family and the person making the information available on the intemet knows or reas-onably should know of the imminent and serious threat.

• A violation of subsection (2) of this section is a class I misdemeanor.

CREDIT(S)
Added by Laws 2002, Ch. 292, 1, eff. July 1, 2002. Amended by Laws 2003, Ch. 242. 14, elf. Aug. 6, 2003;
Laws 2009, Ch. 313, 1, eft'. May 21, '2009.
HISTORICAL AND STATUTORY NOTES
2004 Main Volume

Section 2 of Laws 2002, Ch. 292 (I o f which added this section) provides:
"Effective date applicability. This act shall take effect July 1, 2002, and shall apply to offenses committed on or after said date."
Laws 2003, Ch. 242, 13 in subsec. (2) substituted "as described in section 16-2.5-101" for "level I, level IA, level II, or level III, as defined in section 18-1-901(3)".
Laws 2009, Ch. 313, I, in par. (I )(a), substituted "law enforcement official's" for "peace officer's", and substi-tuted "law enforcement official" for "peace officer"; added par. (1)(a.5); in par. (1)(b), twice substituted "law enforcement official's" for "peace officer's", inserted "personal mobile telephone number," inserted "personal e-mail address," and substituted "law enforcement official's or the official's immediate family member's" for "peace officer's"; in subsec. (2), substituted "to knowingly" for "knowingly to", substituted "law enforcement official or the official's immediate family member" for "peace officer as described in section 16-2.5-101, CRS .," and twice substituted "law enforcement official's" for "peace officer's".
C. R. S. A. 18-9-313, CO ST 18-9-313
Current through laws effective July 1, 2012, see scope for further details

Legislature Of The State Of Colorado - HOUSE BILL 09-1316

Idaho Government Code

RS19655

Judges, prosecutors and law enforcement officers and their families often face very real threats of harm or death, both on and off-duty, in the routine order of upholding the laws of the State of Idaho. Keeping their home addresses confidential is a key element of providing safety and peace of mind to these public servants, their spouses and their children.

This Legislation provides residential address and telephone number public record confidentiality for judges, prosecutors, peace officers, federal peace officers, correction officers, probation officers and parole officers living in Idaho, who voluntarily participate in the Address Confidentiality For Law Enforcement Officers Program. Officers would provide a personally coordinated mailing address that would be used for public disclosure if they elect to participate in the program.

Address Confidentiality Program ("ACP")

Legislature Of The State Of Idaho - Senate Bill No. 1378

STATEMENT OF PURPOSE

Download the ACP Checklist Now

SENATE BILL NO. 1378, As Amended BY STATE AFFAIRS COMMITTEE AN ACT LEGISLATURE OF THE STATE OF IDAHO

RELATING TO PUBLIC WRITINGS; AMENDING SECTION 9340C, IDAHO CODE, TO REVISE A PUBLIC RECORDS EXEMPTION, TO PROVIDE A PUBLIC RECORDS EXEMPTION AND TO PROVIDE EXCEPTIONS; AMENDING TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 58, TITLE 19, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE THAT THE DISCLOSURE OF THE RESIDENTIAL STREET AND TELEPHONE NUMBER OF CERTAIN PERSONS IS PROHIBITED, TO PROVIDE EXCEPTIONS, TO PROVIDE A PROCESS FOR REQUESTING ADDRESS CONFIDENTIALITY AND ELIGIBILITY AND TO PROVIDE IMMUNITY FROM LIABILITY; AMENDING SECTION 49-306, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO THE CONTENTS OF A CERTAIN APPLICATION; AMENDING SECTION 49-315, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO THE CONTENT OF A DRIVER'S LICENSE; AMENDING SECTION 49-401B, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO THE CONTENT OF A CERTAIN APPLICATION; AMENDING SECTION 49-504, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO THE CONTENT OF A CERTAIN APPLICATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 492444, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO THE CONTENT OF AN IDENTIFICATION CARD; AND PROVIDING AN EFFECTIVE DATE.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 9340C, Idaho Code, be, and the same is hereby 21 amended to read as follows:

9340C. RECORDS EXEMPT FROM DISCLOSURE - PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records are exempt from disclosure:

• (1) Except as provided in this subsection, all personnel records of a current or former public official other than the public official's public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace and employing agency. All other personnel information relating to a public employee or applicant including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee's or applicant's written consent. Names of applicants to classified or merit system positions shall not be disclosed to the public without the applicant's written consent. Disclosure of names as part of a background check is permitted. Names of the five (5) final applicants to all other positions shall be available to the public. If such group is less than five (5) finalists, then the entire list of applicants shall be available to the public. A public official or authorized representative may inspect and copy his personnel records, except for material used to screen and test for employment.

• (2) Retired employees' and retired public officials' home addresses, home telephone numbers and other financial and nonfinancial membership records; active and inactive member financial and membership records and mortgage portfolio loan documents maintained by the public employee retirement system. Financial statements prepared by retirement system staff, funding agents and custodians concerning the investment of assets of the public employee retirement system of Idaho are not considered confidential under this chapter.

• (3) Information and records submitted to the Idaho state lottery for the performance of background investigations of employees, lottery retailers and major procurement contractors; audit records of lottery retailers, vendors and major procurement contractors submitted to or performed by the Idaho state lottery; validation and security tests of the state lottery for lottery games; business records and information submitted pursuant to sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such documents and information obtained and held for the purposes of lottery security and investigative action as determined by lottery rules unless the public interest in disclosure substantially outweighs the private need for protection from public disclosure.

• (4) Records of a personal nature as follows:

  • (a) Records of personal debt filed with a public agency or independent public body corporate and politic pursuant to law;

  • (b) Personal bank records compiled by a public depositor for the purpose of public funds transactions conducted pursuant to law;

  • (c) Records of ownership of financial obligations and instruments of a public agency or independent public body corporate and politic, such as bonds, compiled by the public agency or independent public body orporate and politic pursuant to law;

  • (d) Records, with regard to the ownership of, or security interests in, registered public obligations;

  • (e) Vital statistics records; and

  • (f) Military records as described in and pursuant to section 65-301, Idaho Code.

SENATE STATE BILL 1378 AS AMENDED

Texas Government Code

Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION. (a) Information is excepted from the requirements of Section 552.021 if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:

• (1) a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024;

• (2) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;

• (3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;

• (4) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section 552.024 or 552.1175;

• (5) a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;

• (6) an officer or employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Section 76.004(b), regardless of whether the officer or employee complies with Section 552.024 or 552.1175;

• (7) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;

• (8) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department, regardless of whether the current or former employee complies with Section 552.1175;

• (9) a juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code; or

• (10) employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code.

(b) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 512, Sec. 1, eff. May 31, 1997; Acts 1999, 76th Leg., ch. 1318, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 119, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 947, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 621 (H.B. 455), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 953 (H.B. 1046), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 9, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 2, eff. September 1, 2013.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 1311 and S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND STATE JUDGES.

(a) This section applies only to:

• (1) peace officers as defined by Article 2.12, Code of Criminal Procedure;

• (2) county jailers as defined by Section 1701.001, Occupations Code;

• (3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;

• (4) commissioned security officers as defined by Section 1702.002, Occupations Code;

• (5) employees of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

• (6) officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);

• (7) criminal investigators of the United States as described by Article 2.122(a), Code of Criminal Procedure;

• (8) police officers and inspectors of the United States Federal Protective Service;

• (9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement;

Text of subdivision as added by Acts 2013, 83rd Leg., R.S., Ch. 937, Sec. 3

• (10) federal judges and state judges as defined by Section 13.0021, Election Code

Text of subdivision as added by Acts 2013, 83rd Leg., R.S., Ch. 1033, Sec. 4

• (10) juvenile probation and detention officers certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;

• (11) employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code; and

• (12) current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department.

(b) Information that relates to the home address, home telephone number, emergency contact information, date of birth, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates:

• (1) chooses to restrict public access to the information; and

• (2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.

• (c) A choice made under Subsection (b) remains valid until rescinded in writing by the individual.

• (d) This section does not apply to information in the tax appraisal records of an appraisal district to which Section 25.025, Tax Code, applies.

• (e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.

• (f) A governmental body may redact information that must be withheld under Subsection (b) from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.

• (g) If, under Subsection (f), a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter. The attorney general by rule shall establish procedures and deadlines for receiving information necessary to decide the matter and briefs from the requestor, the governmental body, and any other interested person. The attorney general shall promptly render a decision requested under this subsection, determining whether the redacted or withheld information was excepted from required disclosure to the requestor, not later than the 45th business day after the date the attorney general received the request for a decision under this subsection. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the requestor, the governmental body, and any interested person who submitted necessary information or a brief to the attorney general about the matter. The requestor or the governmental body may appeal a decision of the attorney general under this subsection to a Travis County district court.

• (h) A governmental body that redacts or withholds information under Subsection (f) shall provide the following information to the requestor on a form prescribed by the attorney general:

• (1) a description of the redacted or withheld information;

• (2) a citation to this section; and

• (3) instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

Added by Acts 2001, 77th Leg., ch. 119, Sec. 3, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 947, Sec. 2, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 715 (S.B. 450), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 715 (S.B. 450), Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 621 (H.B. 455), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 283 (S.B. 1068), Sec. 2, eff. June 4, 2009.
Acts 2009, 81st Leg., R.S., Ch. 732 (S.B. 390), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 953 (H.B. 1046), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 3, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 4, eff. September 1, 2013.

Florida Government Code

Florida Statute Section 119

F.S. 119.071 2.a.(I) The home addresses, telephone numbers, social security numbers, dates of birth, and photographs of active or former sworn or civilian law enforcement personnel, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; the home addresses, telephone numbers, social security numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07 (1).

(II) The names of the spouses and children of active or former sworn or civilian law enforcement personnel and the other specified agency personnel identified in sub-sub-subparagraph (I) are exempt from s. 119.07 (1) and s. 24(a), Art. I of the State Constitution.

Nevada Government Code

CHAPTER 289 - PEACE OFFICERS AND OTHER LAW ENFORCEMENT PERSONNEL

NRS 289.025 Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.
1. Except as otherwise provided in subsections 2 and 3 and NRS 239.0115, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.
2. The photograph of a peace officer may be released:
(a) If the peace officer authorizes the release; or
(b) If the peace officer has been arrested.
3. The home address of a peace officer may be released if a peace officer has been arrested and the home address is included in any of the following:
(a) A report of a 911 telephone call.
(b) A police report, investigative report or complaint which a person filed with a law enforcement agency.
(c) A statement made by a witness.
(d) A report prepared pursuant to NRS 432B.540 by an agency which provides child welfare services, which report details a plan for the placement of a child.
(Added to NRS by 2005, 621; A 2007, 2087, 2815)

NRS 286.061 "Police officer" defined. "Police officer" means a member who is:
1. Filling a full-time position with a participating public employer, the principal duties of which require emotional stability and physical capacity in protecting the public and enforcing the laws of the State of Nevada or any of its political subdivisions.
2. The former holder of a position defined in subsection 1 who has:
(a) Earned at least 2 years of creditable service in that position; and
(b) Been promoted or transferred within the chain of command by the same public employer to a position related to the protection of the public and law enforcement.
3. The former holder of a position defined in subsection 1 who:
(a) Has earned at least 2 years of creditable service in that position; and
(b) Is employed by a different employer in a position that would have been eligible under paragraph (b) of subsection 2 had the member remained with the member's former employer.
(Added to NRS by 1975, 1028; A 1977, 1575; 1981, 501, 2013; 1985, 1982; 1987, 371)

New Jersey Government Code

New Jersey Legislature - Bills

Bill Summary

This bill prohibits persons, State and local agencies, and businesses from posting or publishing on the Internet the home addresses or unpublished home telephone numbers of judges, or State, county, or municipal prosecutors regardless of whether they are retired or in the workforce. This bill amends current law that already prohibits such disclosure for law enforcement officers. Specifically, the bill makes it a crime for a person to knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of this exposure, to post or publish on the Internet the home address or unpublished telephone number of a judge or State, county, or municipal prosecutor, regardless of whether they are retired or in the workforce, or their spouse or child. If the person recklessly violates this prohibition, it is a crime of the fourth degree. A fourth degree crime is punishable by a prison term of up to 18 months, a fine of up to $10,000, or both. If the person purposefully violates this prohibition, it is a crime of the third degree. A third degree crime is punishable by a prison term of three to five years, a fine of up to $15,000, or both. The bill also prohibits State or local agencies from posting or publishing on the Internet a home address or telephone number of a judge or State, county, or municipal prosecutor regardless of whether they are retired or in the workforce, without first obtaining written consent. Persons, businesses, and associations also are prohibited by the bill from disclosing on the Internet a judge's, or State, county, or municipal prosecutor's home address or unpublished home telephone number, regardless of whether they are retired or in the workforce, under circumstances in which a reasonable person would believe that providing that information would expose another to harassment or risk of harm to life or property. The bill specifies that persons, businesses, or associations may be liable for violating this prohibition of the bill. The bill authorizes a civil action in Superior Court. The court may award:

• (1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation;
• (2) punitive damages upon proof of willful or reckless disregard of the law;
• (3) reasonable attorney's fees and other litigation costs reasonably incurred;
• and (4) any other preliminary and equitable relief as the court determines to be appropriate.

The bill defines "disclose" as soliciting, selling, manufacturing, giving, providing, lending, trading, mailing, delivering, transferring, publishing, distributing, circulating, disseminating, presenting, exhibiting, advertising or offering.

ASSEMBLY, No. 1649 STATE OF NEW JERSEY 219th LEGISLATURE

Utah Government Code

63G-2-303. Private information concerning certain government employees


1) As used in this section:
(a) 'At-risk government employee' means a current or former:
(i) peace officer as specified in Section 53-13-102 ;
(ii) supreme court justice;
(iii) judge of an appellate, district, or juvenile court, or a court commissioner;
(iv) justice court judge;
(v) judge authorized by Title 39, Chapter 6, Utah Code of Military Justice;
(vi) federal judge;
(vii) federal magistrate judge;
(viii) judge authorized by Armed Forces, Title 10, United States Code;
(ix) United States Attorney;
(x) Assistant United States Attorney;
(xi) a prosecutor appointed pursuant to Armed Forces, Title 10, United States Code;
(xii) a law enforcement official as defined in Section 53-5-711 ; or
(xiii) a prosecutor authorized by Title 39, Chapter 6, Utah Code of Military Justice.
(b) 'Family member' means the spouse, child, sibling, parent, or grandparent of an at-risk government employee who is living with the employee.

(2)(a) Pursuant to Subsection 63G-2-302(1)(h), an at-risk government employee may file a written application that:
(i) gives notice of the employee's status to each agency of a government entity holding a record or a part of a record that would disclose the employee's or the employee's family member's home address, home telephone number, Social Security number, insurance coverage, marital status, or payroll deductions; and
(ii) requests that the government agency classify those records or parts of records private.
(b) An at-risk government employee desiring to file an application under this section may request assistance from the government agency to identify the individual records containing the private information specified in Subsection (2)(a)(i).
(c) Each government agency shall develop a form that:
(i) requires the at-risk government employee to provide evidence of qualifying employment;
(ii) requires the at-risk government employee to designate each specific record or part of a record containing the employee's home address, home telephone number, Social Security number, insurance coverage, marital status, or payroll deductions that the applicant desires to be classified as private; and
(iii) affirmatively requests that the government entity holding those records classify them as private.

(3) A county recorder, county treasurer, county auditor, or a county tax assessor may fully satisfy the requirements of this section by:
(a) providing a method for the assessment roll and index and the tax roll and index that will block public access to the home address, home telephone number, situs address, and Social Security number; and
(b) providing the at-risk government employee requesting the classification with a disclaimer informing the employee that the employee may not receive official announcements affecting the employee's property, including notices about proposed annexations, incorporations, or zoning modifications.

(4) A government agency holding records of an at-risk government employee classified as private under this section may release the record or part of the record if:
(a) the employee or former employee gives written consent;
(b) a court orders release of the records; or
(c) the government agency receives a certified death certificate for the employee or former employee.

(5)(a) If the government agency holding the private record receives a subpoena for the records, the government agency shall attempt to notify the at-risk government employee or former employee by mailing a copy of the subpoena to the employee's last-known mailing address together with a request that the employee either:
(i) authorize release of the record; or
(ii) within 10 days of the date that the copy and request are mailed, deliver to the government agency holding the private record a copy of a motion to quash filed with the court who issued the subpoena.
(b) The government agency shall comply with the subpoena if the government agency has:
(i) received permission from the at-risk government employee or former employee to comply with the subpoena;
(ii) not received a copy of a motion to quash within 10 days of the date that the copy of the subpoena was mailed; or
(iii) received a court order requiring release of the records.



Order now!