ATTACHMENT A
AMENDED IN ASSEMBLY JUNE 23, 2025
AMENDED IN SENATE MARCH 26, 2025
SENATE BILL No. 805
Introduced by^renator Perez Senators Perez and Wiener
(Principal coauthor: Assembly Member Elhawary)
(Coauthors: Senators Arreguin and Gonzalez)
(Coauthor: Assembly Member Lee)
Febmary 21,2025
An act to amend Section 2085 of the Insurance Code, relating to insurance. An act to amend Sections 538d, 538e, 538f, 538g, 538h, and 1299.07 of, and to add Sections 13653 and 13654 to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 805, as amended, Perez. IIomcowTicrs' insurance: declared disaster areas. Crimes.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified. Existing law also prohibits willfully and credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team through or on an internet website, or by other electronic means, for the purposes of defrauding another.
A violation of these prohibitions is punishable as a misdemeanor.
This bill would extend these ojfenses to include willfully and credibly impersonating any of those entities through any means for the purpose of defrauding another. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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This bill would require personnel of a law enforcement agency operating in California to visibly display identification that includes either a name or badge number to the public when performing their duties. The bill would exempt personnel operating undercover from these provisions. The bill -would make a violation of these provisions a misdemeanor. The bill would define personnel of a law enforcement agency as any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency. By creating a new crime and imposing duties on local law enforcement, this bill would impose a state-mandated local program.
The bill would also authorize law enforcement to request an alleged government employee to present identification when there is probable cause or reasonable suspicion of a crime, including, but not limited to, impersonating a peace officer, firefighter, employee of a public utility or government agency, or member of a search and rescue team, or when there is a legitimate safety concern.
Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive.
This bill would prohibit a person authorized to apprehend a bail fugitive from using that position for the purposes of immigration enforcement and would require a person authorized to apprehend a bail fugitive to keep a defendant 's immigration status confidential, as specified.
This bill would declare these provisions are severable.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Existing law generally regulates classes of insurance, including fire insurance and homcowncrs' insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owner's information to insurers that issue homcowncrs' insurance policies covering fire risks at the owner's request. Existing law requires an insurer that issued a homcowncrs' insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their infomiation from the commissioner.
This bill would reduce the abovc-dcscribcd timcfiramc for an insurer to respond to a property owner to 75 days.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: so-yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the 2 following:
3 (a) The federal government, through the United States 4 Immigration and Customs Enforcement (ICE), has launched broad 5 immigration enforcement efforts, deploying personnel from various 6 federal agencies, including those within the Department of Justice, 7 as part of the Trump Administration 's immigration enforcement 8 operations.
9 (b) These actions have involved enforcement in and near 10 locations, such as churches and schools, once considered sensitive 11 areas, leading to widespread fear and confusion among impacted 12 communities.
13 (c) ICE officers have conducted operations while wearing face 14 coverings, including gaiter and ski masks, citing the need to protect 15 their identities from online publication, which can include details 16 like names, addresses, and telephone numbers.
17 (d) The use efface coverings during enforcement activities has 18 raised concern and criticism, including calls from United States 19 Senators urging the Department of Homeland Security to require 20 ICE officers to identify themselves and limit the use of face 21 coverings during operations.
22 (e) At the same time, several news outlets have reported 23 incidents of individuals impersonating ICE officers to harass or 97 SB 805—4—
1 detain others, which undermines public trust in law enforcement, 2 especially among vulnerable individuals, and pose a threat to 3 public safety.
4 (f) Charges filed against individuals include kidnapping and 5 impersonating a police officer after allegedly detaining a group 6 of Latino men, impersonating an ICE officer on a university 7 campus, and impersonating an ICE officer in connection with the 8 sexual assault of a woman while threatening her with deportation. 9 (g) While ICE has publicly condemned impersonations, the 10 agency's use of face coverings and lack of consistent, visible 11 identification is contributing to public confusion and making it 12 difficult for individuals to distinguish between authorized personnel 13 and bad actors.
14 (h) The state has both the authority and responsibility, under 15 its police powers, to maintain order and protect the safety and 16 well-being of all people within its jurisdiction from criminal 17 conduct.
18 (i) In order to carry out this duty effectively, the state must be 19 able to distinguish between individuals who are lawfully exercising 20 federal authority and those who are not, particularly in situations 21 -where a person is exhibiting unlawful behavior.
22 (j) Therefore, the state has a compelling interest in identifying 23 and verifying who is operating under federal authority within the 24 state.
25 SEC. 2. Section 538d of the Penal Code is amended to read:
26 53 8d. (a) Any person other than one who by law is given the 27 authority of a peace officer, who willfully wears, exhibits, or uses 28 the authorized uniform, insignia, emblem, device, label, certificate, 29 card, or writing, of a peace officer, with the intent of fraudulently 30 impersonating a peace officer, or of fraudulently inducing the 31 belief that they are a peace officer, or who willfully and credibly 32 impersonates a peace officer through or on an internet website,-er 33 by other electronic means, or by any other means, for purposes of 34 defrauding another, is guilty of a misdemeanor.
35 (b) (1) Any person, other than the one who by law is given the 36 authority of a peace officer, who willfully wears, exhibits, or uses 37 the badge of a peace officer with the intent of fraudulently 38 impersonating a peace officer, or of fraudulently inducing the 39 belief that they are a peace officer, is guilty of a misdemeanor 40 punishable by imprisonment in a county jail not to exceed one 97 —5—SB 805
1 year, by a fine not to exceed two thousand dollars ($2,000), or by 2 both that imprisonment and fine.
3 (2) Any person who willfully wears or uses any badge that 4 falsely purports to be authorized for the use of one who by law is 5 given the authority of a peace officer, or which so resembles the 6 authorized badge of a peace officer as would deceive any ordinary 7 reasonable person into believing that it is authorized for the use 8 of one who by law is given the authority of a peace officer, for the 9 purpose of fraudulently impersonating a peace officer, or of 10 fraudulently inducing the belief that they are a peace officer, is 11 guilty of a misdemeanor punishable by imprisonment in a county 12 jail not to exceed one year, by a fine not to exceed two thousand 13 dollars ($2,000), or by both that imprisonment and fine. 14 (c) (1) Except as provided in subdivision (d), any person who 15 willfully wears, exhibits, or uses, or who willfully makes, sells, 16 loans, gives, or transfers to another, any badge, insignia, emblem, 17 device, or any label, certificate, card, or writing, which falsely 18 purports to be authorized for the use of one who by law is given 19 the authority of a peace officer, or which so resembles the 20 authonzed badge, insignia, emblem, device, label, certificate, card, 21 or writing of a peace officer as would deceive an ordinary 22 reasonable person into believing that it is authorized for the use 23 of one who by law is given the authority of a peace officer, is guilty 24 of a misdemeanor punishable by imprisonment in a county j ail not 25 to exceed six months, by a fine not to exceed two thousand dollars 26 ($2,000), or by both that imprisonment and fine, except that any 27 person who makes or sells any badge under the circumstances 28 described in this subdivision is subject to a fine not to exceed 29 fifteen thousand dollars ($15,000).
30 (2) A local law enforcement agency in the jurisdiction that files 31 charges against a person for a violation of paragraph (1) shall seize 32 the badge, insignia, emblem, device, label, certificate, card, or 33 writing described in paragraph (1).
34 (d) (1) The head of an agency that employs peace officers, as 35 defined in Sections 830.1 and 830.2, is authorized to issue 36 identification in the form of a badge, insignia, emblem, device, 37 label, certificate, card, or writing that clearly states that the person 38 has honorably retired following service as a peace officer from 39 that agency. The identification authorized pursuant to this 40 subdivision is separate and distinct from the identification 97 SB 805—6—
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authorized by Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2) If the head of an agency issues a badge to an honorably retired peace officer that is not af&xed to a plaque or other memento commemorating the retiree's service for the agency, the words "Honorably Retired" shall be clearly visible above, underneath, or on the badge itself.
(3) The head of an agency that employs peace officers as defined in Sections 830.1 and 830.2 is authorized to revoke identification granted pursuant to this subdivision in the event of misuse or abuse. (4) For the purposes of this subdivision, the term "honorably retired" does not include an officer who has agreed to a service retirement in lieu of termination.
(e) (1) Vendors of law enforcement unifonns shall verify that a person purchasing a uniform identifying a law enforcement agency is an employee of the agency identified on the uniform.
Presentation and examination of a valid identification card with a picture of the person purchasing the uniform and identification, on the letterhead of the law enforcement agency, of the person buying the unifomi as an employee of the agency identified on the uniform shall be sufficient verification.
(2) Any uniform vendor who sells a uniform identifying a law enforcement agency, without verifying that the purchaser is an employee of the agency, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (3) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written pennission has been obtained from the identified law enforcement agency.
SEC. 3. Section 538e of the Penal Code is amended to read:
538e. (a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently impersonating an officer or member of a fire department or the Of&ce of the State Fire Marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department or the Office of the State Fire Marshal, or who willfully and credibly impersonates such an officer or member on an internet website, 97 —7—SB 805
1 er by other electronic means, or by any other means, for purposes 2 of defrauding another, is guilty of a misdemeanor.
3 (b) (1) Any person, other than the one who by law is given the 4 authority of an officer or member of a fire department, or a deputy 5 state fire marshal, who willfully wears, exhibits, or uses the badge 6 of a fire department or the Office of the State Fire Marshal with 7 the intent of fraudulently impersonating an officer, or member of 8 a fire department, or a deputy state fire marshal, or of fraudulently 9 inducing the belief that they are an officer or member of a fire 10 department, or a deputy state fire marshal, is guilty of a 11 misdemeanor punishable by imprisonment in a county jail not to 12 exceed one year, by a fine not to exceed two thousand dollars 13 ($2,000), or by both that imprisonment and fine.
14 (2) Any person who willfully wears or uses any badge that 15 falsely purports to be authorized for the use of one who by law is 16 given the authority of an officer or member of a fire department, 17 or a deputy state fire marshal, or which so resembles the authorized 18 badge of an officer or member of a fire department, or a deputy 19 state fire marshal as would deceive any ordinary reasonable person 20 into believing that it is authorized for the use of one who by law 21 is given the authority of an officer or member of a fire department 22 or a deputy state fire marshal, for the purpose of fraudulently 23 impersonating an officer or member of a fire department, or a 24 deputy state fire marshal, or of fraudulently inducing the belief 2 5 that they are an officer or member of a fire department, or a deputy 26 state fire marshal, is guilty of a misdemeanor punishable by 27 imprisonment in a county j ail not to exceed one year, by a fine not 28 to exceed two thousand dollars ($2,000), or by both that 29 imprisonment and fine.
30 (c) Any person who willfully wears, exhibits, or uses, or who 31 willfully makes, sells, loans, gives, or transfers to another, any 32 badge, insignia, emblem, device, or any label, certificate, card, or 33 writing, which falsely purports to be authorized for the use of one 34 who by law is given the authority of an officer, or member of a 35 fire department or a deputy state fire marshal, or which so 36 resembles the authorized badge, insignia, emblem, device, label, 37 certificate, card, or writing of an officer or member of a fire 38 department or a deputy state fire marshal as would deceive an 39 ordinary reasonable person into believing that it is authorized for 40 use by an officer or member of a fire department or a deputy state 97 SB 805—8—
1 fire marshal, is guilty of a misdemeanor, except that any person 2 who makes or sells any badge under the circumstances described 3 in this subdivision is guilty of a misdemeanor punishable by a fine 4 not to exceed fifteen thousand dollars ($ 15,000).
5 (d) Any person who, for the purpose of selling, leasing or 6 otherwise disposing of merchandise, supplies or equipment used 7 in fire prevention or suppression, falsely represents, in any manner 8 whatsoever, to any other person that they are a fire marshal, fire 9 inspector or member of a fire department, or that they have the 10 approval, endorsement or authorization of any fire marshal, fire 11 inspector or fire department, or member thereof, is guilty of a 12 misdemeanor.
13 (e) (1) Vendors of unifonns shall verify that a person purchasing 14 a uniform identifying a firefighting agency or department is an 15 employee or authorized member of the agency or department 16 identified on the uniform. Examination of a valid photo 17 identification card issued by a firefighting agency or department 18 that designates the person as an employee or authorized member 19 of the agency or department identified on the uniform shall be 20 sufficient verification.
21 (2) If a person purchasing a uniform does not have a valid photo 22 identification card issued by a firefighting agency or department, 23 the person shall present an official letter of authorization from the 24 firefighting agency or department designating that person as an 25 employee or authorized member of the agency or department. The 26 person shall also present a government issued photo identification 27 card bearing the same name as listed in the letter of authorization 28 issued by the agency or department.
29 (3) Any uniform vendor who sells a uniform identifying a 30 firefighting agency or department without verifying that the 31 purchaser is an employee or authorized member of the agency or 32 department is guilty of a misdemeanor, punishable by a fine of not 33 more than one thousand dollars ($ 1,000).
34 (4) This subdivision shall not apply if the uniform is to be used 3 5 solely as a prop for a motion picture, television, video production, 36 or a theatrical event, and prior written permission has been obtained 37 from the identified firefighting agency or department. 38 (f) This section shall not apply to either of the following:
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1 (1) Use of a badge solely as a prop for a motion picture, 2 television, or video production, or an entertainment or theati-ical 3 event.
4 (2) A badge supplied by a recognized employee organization 5 as defined in Section 3501 of the Government Code representing 6 firefighters or a state or international organization to which it is 7 affiliated.
8 SEC. 4. Section 5 38f of the Penal Code is amended to read:
9 53 8f. Any person, other than an employee of a public utility 10 or district as defined in Sections 216 and 11503 of the Public 11 Utilities Code, respectively, who willfully presents themselves to 12 a utility or district customer with the intent of fraudulently 13 personating an employee of a public utility or disfa-ict, or of 14 fraudulently inducing the belief that they are an employee of a 15 public utility or district, or who willfully and credibly impersonates 16 an employee of a public utility or district on an internet website, 17 ef by other electronic means, or by any other means, for purposes 18 of defrauding another, is guilty of a misdemeanor and shall be 19 punished by imprisomnent in a county jail not to exceed six 20 months, or by a fine not to exceed one thousand dollars ($ 1,000), 21 or by both that fine and imprisomnent. Nothing in this section shall 22 be consta-ued to prohibit conduct that arguably constitutes protected 23 activity under state labor law or the National Labor Relations Act 24 (Title 29, United States Code, Section 151 and following). 25 SEC. 5. Section 538g of the Penal Code is amended to read:
26 53 8g. (a) Any person, other than a state, county, city, special 27 district, or city and county officer or employee, who willfully 28 wears, exhibits, or uses the authorized badge, photographic 29 identification card, or insignia of a state, county, city, special 30 district, or city and county officer or employee, with the intent of 31 fraudulently personating a state, county, city, special disfa-ict, or 32 city and county officer or employee, or of fraudulently inducing 33 the belief that they are a state, county, city, special district, or city 34 and county ofi&cer or employee, or who willfully and credibly 35 impersonates such an officer or member on an internet website, 36 or by other electronic means, or by any other means, for purposes 37 of defrauding another, is guilty of a misdemeanor.
38 (b) Any person who willfully wears, exhibits, or uses, or 39 willfully makes, sells, loans, gives, or transfers to another, any 40 badge, photographic identification card, or insignia, which falsely 97 SB 805—10—
1 purports to be for the use of a state, county, city, special district, 2 or city and county officer or employee, or which so resembles the 3 authorized badge, photographic identification card, or insignia of 4 a state, county, city, special district, or city and county officer or 5 employee as would deceive an ordinary reasonable person into 6 believing that it is authorized for use by a state, county, city, special 7 district, or city and county officer or employee, is guilty of a 8 misdemeanor, except that any person who makes or sells any badge 9 under the circumstances described in this subdivision is subject to 10 a fine not to exceed fifteen thousand dollars ($ 15,000). 11 (c) This section shall not apply to either of the following:
12 (1) Use of a badge solely as a prop for a motion pichire, 13 television, or video production, or an entertainment or theatrical 14 event.
15 (2) A badge supplied by a recognized employee organization 16 as defined in Section 3501 of the Government Code or a state or 17 international organization to which it is affiliated. 18 >S£'C. 6. Section 538h of the Penal Code is amended to read:
19 538h. (a) Any person, other than an officer or member of a 20 government agency managed or affiliated search and rescue unit 21 or team, who willfully wears, exhibits, or uses the authorized 22 uniform, insignia, emblem, device, label, certificate, card, or 23 writing of an officer or member of a government agency managed 24 or affiliated search and rescue unit or team, with the intent of 25 fraudulently impersonating an of&cer or member of a government 26 agency managed or affiliated search and rescue unit or team, or 27 of fraudulently inducing the belief that they are an officer or 28 member of a government agency managed or affiliated search and 29 rescue unit or team, or uses the same to obtain aid, money, or 30 assistance within this state, or who willfully and credibly 31 impersonates such an officer or member on an internet website, 32 ef by other electronic means, or by any other means, for purposes 33 of defrauding another, is guilty of a misdemeanor.
34 (b) (1) Any person, other than the one who by law is given the 3 5 authority of an olBScer or member of a government agency managed 36 or affiliated search and rescue unit or team, who willfully wears, 37 exhibits, or uses the badge of a government agency managed or 38 affiliated search and rescue unit or team with the intent of 39 fraudulently impersonating an ofi&cer or member of a government 40 agency managed or affiliated search and rescue unit or team, or 97 —11—SB 805
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fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by
imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, or that resembles the authorized badge of an officer or member of a government agency managed or affiliated search and rescue unit or team as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an of&cer or member of a government agency managed or affiliated search and rescue unit or team, for the purpose of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment.
(c) As used in this section, the following terms have the following meanings:
(1) "Member" means any natural person who is registered with an accredited disaster council for the purpose of engaging in disaster service without pay or other consideration. Food and lodging provided, or expenses reimbursed for these items, during a member's activation do not constitute other consideration. (2) "Search and rescue unit or team" means an entity engaged in the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity, any person that becomes lost, injured, or is killed while outdoors or as a result of a natural or manmade disaster, including instances involving searches for downed or missing aircraft.
SEC. 7. Section 1299.07 of the Penal Code is amended to read:
1299.07. (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent himself or herself 97 SB 805—12—
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themselves in any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents himself or herself themselves as belonging to any part or department of a federal, state, or local government. Any unifonn shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear or otherwise use a badge that represents himself or herself themselves as belonging to any part or department of the federal, state, or local government. (d) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents himself or herself themselves as belonging to any federal, state, or local government.
(e) An individual authorized by Section 1299.02 to apprehend a bail fugitive may wear a jacket, shirt, or vest with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT,"
or "BAIL ENFORCEMENT AGENT" displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest and in a contrasting color to that of the jacket, shirt, or vest. (f) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use that position for the purposes of immigration enforcement, as defined in subdivision (f) of Section 7284.4 of the Government Code.
(g) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall keep a defendant's immigration status confidential within their employing bail bond agency 's business.
SEC. 8. Section 13653 is added to the Penal Code, to read:
13653. (a) An employee of a law enforcement agency may
request an alleged law enforcement employee to present
identification when there is probable cause or reasonable suspicion of a crime, including, but not limited to, impersonating a peace officer, or when there is a legitimate safety concern.
(b) For the purposes of this section, "employee of a law enforcement agency" includes any employee of any local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency.
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39 SEC. 9. Section 13654 is added to the Penal Code, to read:
13654. (a) Personnel of a law enforcement agency operating in California shall visibly display identification that includes either a name or badge number to the public when performing their duties.
(b) This section does not apply to personnel while operating undercover.
(c) A violation of this section is punishable as a misdemeanor. (d) For the purposes of this section, "personnel of a law enforcement agency " means any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency.
SEC. 10. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
>S£'C. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 1 7556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1. Section 2085 of the Insurance Code is amended 2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owner's legal representative is unable to identify the insurer of the owner's property that is located in the declared disaster area, the commissioner shall, at the request of the property owrncr or owner's legal representative, electronically provide the property U VV A.J.^A. k3 AJ.U.J.JLA^^ CilAJ< ^/V/i.A.l.U.V I- ii±i.\J i Li±U\-l\J 11 ^/XUVIU-^/U. LU LAA^i' 97 SB 805—14—
1 commissioner, and property' location infonnation to insurers that 2 issue homcowncrs' insurance policies subject to Section 2071. 3 (2) The commissioner or an insurer may conclusively presume 4 that a request submitted pursuant to paragraph (1) is a bona fide 5 request from the property owner or owner's legal representative. 6 Infonnation transmitted to the commissioner or an insurer pursuant 7 to this section shall, within the meaning of subdivision (b) of 8 Section 1798.24 of the Civil Code, constihitc information provided 9 with the voluntary written consent of the person transmitting the 10 information and shall authorize the commissioner or an insurer to 11 provide the information to others in accordance with this section. 12 A reasonable expectation of privacy shall not exist for the 13 information provided to the commissioner or an insurer pursuant 14 to this section and a cause of action shall not arise and liability 15 shall not be imposed against the commissioner or an insurer, the 16 commissioner's or an insurer's authorized representatives, or any 17 department or insurer employee for statements made or conduct 18 performed in good faith while carrymg out the provisions of this 19 20
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(3) Communication between a property' owner or owner's legal representative —and—the—commissioner, —and—between —Ae
commissioner and insurers, shall not constitute the filing of a claim. (b) An insurer that issues homcowncrs' insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).
(c) (1) An insurer that issues homcowncrs' insurance policies subject to Section 2071 shall respond to the property owner or owner's legal representative within 75 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homcowncrs' insurance policy on the property located in the disaster area and identified in the commissioner's communication that was in force at the time that the disaster occurred. An insurer's response to the property owner or owner's legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission 37 of coverage under any policy for any loss.
-CAIJLU.111^ J^U.ACl^lU.j./Xl Vx^? l-Al^ U.K-'pdl Llll^llL ClllU. l-llV/ 39 insurer shall not be required to respond to a property owner or the 97 —15—SB 805
1 owner's legal representative if the insurer determines that it did 2 not issue a policy for the property.
3 (3) A response by an insurer to the property7 owner or the 4 owner's legal representative pursuant to paragraph (1) shall be 5 provided free of charge.
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