Section 290.4 Of Chapter 5.5. Sex Offenders From California Penal Code >> Title 9. >> Part 1. >> Chapter 5.5.
290.4
. (a) The department shall operate a service through which
members of the public may provide a list of at least six persons on a
form approved by the Department of Justice and inquire whether any
of those persons is required to register as a sex offender and is
subject to public notification. The Department of Justice shall
respond with information on any person as to whom information may be
available to the public via the Internet Web site as provided in
Section 290.46, to the extent that information may be disclosed
pursuant to Section 290.46. The Department of Justice may establish a
fee for requests, including all actual and reasonable costs
associated with the service.
(b) The income from the operation of the service specified in
subdivision (a) shall be deposited in the Sexual Predator Public
Information Account within the Department of Justice for the purpose
of the implementation of this section by the Department of Justice.
The moneys in the account shall consist of income from the
operation of the service authorized by subdivision (a), and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subdivision (a).
(c) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment pursuant to subdivision (h) of Section 1170.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(d) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the service specified in subdivision (a), in violation of paragraph
(2), the Attorney General, any district attorney, or city attorney,
or any person aggrieved by the misuse of the service is authorized to
bring a civil action in the appropriate court requesting preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order against the person or
group of persons responsible for the pattern or practice of misuse.
The foregoing remedies shall be independent of any other remedies or
procedures that may be available to an aggrieved party under other
provisions of law, including Part 2 (commencing with Section 43) of
Division 1 of the Civil Code.
(e) The Department of Justice and its employees shall be immune
from liability for good faith conduct under this section.
(f) The public notification provisions of this section are
applicable to every person described in subdivision (a), without
regard to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense subject
to public notification pursuant to Section 290.46, regardless of
when it was committed.