Section 14029.5 Of Title 7.5. The Hertzberg-leslie Witness Protection Act From California Penal Code >> Title 7.5. >> Part 4.
14029.5
. (a) (1) No person or private entity shall post on the
Internet 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.
(2) A violation of this subdivision is a misdemeanor punishable by
a fine of up to two thousand five hundred dollars ($2,500), or
imprisonment of up to six months in a county jail, or by both that
fine and imprisonment.
(3) A violation of this subdivision that leads to the bodily
injury of the witness, or of any of the witness' family members who
are participating in the program, is a misdemeanor punishable by a
fine of up to five thousand dollars ($5,000), or imprisonment of up
to one year in a county jail, or by both that fine and imprisonment.
(b) Upon admission to WRAP, local or state prosecutors shall give
each participant a written opt-out form for submission to relevant
Internet search engine companies or entities. This form shall notify
entities of the protected person and prevent the inclusion of the
participant's addresses and telephone numbers in public Internet
search databases.
(c) A business, state or local agency, private entity, or person
that receives the opt-out form of a WRAP participant pursuant to this
section shall remove the participant's personal information from
public display on the Internet within two business days of delivery
of the opt-out form, and shall continue to ensure that this
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. No business, state or local agency,
private entity, or person that has received 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.
(d) A business, state or local agency, private entity, or person
that violates subdivision (c) shall be subject to a civil penalty for
each violation in the amount of five thousand dollars ($5,000). An
action for a civil penalty under this subdivision may be brought by
any public prosecutor in the name of the people of the State of
California and the penalty imposed shall be enforceable as a civil
judgment.
(e) A witness whose home address or telephone number is made
public as a result of a violation of subdivision (c) may bring an
action seeking injunctive or declaratory relief in any court of
competent jurisdiction. If a jury or court finds that a violation has
occurred, it may grant injunctive or declaratory relief and shall
award the witness court costs and reasonable attorney's fees.
(f) Notwithstanding any other provision of law, a witness whose
home address or telephone number is solicited, sold, or traded in
violation of subdivision (c) 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 witness in an amount up to
a maximum of three times the actual damages, but in no case less than
four thousand dollars ($4,000).
(g) Nothing in this section shall preclude prosecution under any
other provision of law.