BILL ANALYSIS
SB 1233
Page 1
Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 1233 (Oropeza) - As Amended: May 17, 2010
PROPOSED CONSENT
SENATE VOTE : 35-0
SUBJECT : CONFIDENTIAL ADDRESS PROGRAM
KEY ISSUE : IN ORDER TO HELP PROTECT VICTIMS OF DOMESTIC
VIOLENCE, SHOULD CALIFORNIA'S SAFE AT HOME PROGRAM, WHICH KEEPS
ADDRESSES OF DOMESTIC VIOLENCE VICTIMS CONFIDENTIAL, BE MADE
PERMANENT?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
The Safe at Home program, created in 1998, allows victims of
domestic violence or stalking to apply to the Secretary of State
for an alternate address to be used in public records. The
purpose of the program is to enable state and local agencies to
respond to requests for public records without disclosing the
changed names or locations of victims of domestic violence or
stalking. This bill, sponsored by the Secretary of State,
removes the sunset for California's Safe at Home program and
requires the Secretary of State to permanently retain name
change records for program participants. The bill is supported
by, among others, the California State Sheriff's Association,
Los Angeles County District Attorney's Office, Crime Victims
United of California, Family Violence Law Center, Junior Leagues
of California, and American College of Obstetricians and
Gynecologists. There is no known opposition to the bill.
SUMMARY : Removes the sunset for the Secretary of State's Safe
at Home Program and requires that the name change records for
program participants be permanently retained. Specifically,
this bill :
1)Removes the sunset from the Safe at Home address
confidentiality program, making the program permanent.
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2)Removes the sunset on the Safe at Home voter confidentiality
program, making the program permanent.
3)Provides an exemption, for change of name records, to the
requirement that any records or documents pertaining to a Safe
at Home program participant be retained and held confidential
for a period of three years after termination of certification
of participation in the program, and then destroyed, and
instead requires that such records be retained permanently.
EXISTING LAW :
1)Establishes, until January 1, 2013, an address confidentiality
program to which victims of domestic violence, sexual assault,
or stalking may apply by completing an application in person
at a community-based victims' assistance program. The
application must be approved by the Secretary of State for the
purpose of enabling state and local agencies to respond to
requests for public records without disclosing a program
participant's residence address contained in any public record
and otherwise to provide for confidentiality of that person's
identity. (Government Code Section 6205 et seq. Unless
stated otherwise, all further statutory references are to that
code.)
2)Establishes, until January 1, 2013, a similar address
confidentiality program for reproductive health care services
providers, employees, volunteers, and patients. (Section 6215
et seq.)
3)Provides that the voter registration of a participant in an
address confidentiality program is confidential, and requires
the Secretary of State to act as that person's agent for
service of process, and to designate a substitute mailing
address for participants. (Section 6215.6; Elections Code
Section 2166.5.)
4)Provides, until January 1, 2013, that any person filing with
the county elections official a new affidavit of registration
or reregistration who is a participant in the address
confidentiality program may have the information relating to
his or her residence address, telephone number, and email
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address appearing on the affidavit declared confidential.
(Elections Code Section 2166.5.)
5)Provides that any records or documents pertaining to a program
participant shall be retained and held confidential for a
period of three years after termination of certification of
participation in the program, and then destroyed, as
specified. (Section 6206.5.)
COMMENTS : The Safe at Home program, created by SB 489 (Alpert),
Chap. 1005, Stats. 1998, allows victims of domestic violence or
stalking to apply to the Secretary of State to request an
alternate address to be used in public records. The purpose of
that program is to "enable state and local agencies to respond
to requests for public records without disclosing the changed
name or location of a victim of domestic violence or stalking."
(Section 6205.) The Secretary of State provides a substitute,
publicly accessible address for these victims while protecting
their actual residences or locations. The Secretary also acts
as the program participants' agent for service of process and
forwards mail received at the substitute address provided. A
program participant, once certified, may stay in the program for
four years, after which re-certification is required.
In 2002, the Safe at Home program was expanded to include
reproductive health care services providers, employees,
volunteers, and patients with the purpose of preventing
potential acts of violence from being committed against them who
assist in the provision of reproductive health care services and
the patients seeking those services. (AB 797 (Shelley), Chap.
380, Stats. 2002.) According to the Safe at Home 2009
Legislative Report, there are 2,437 active participants in the
program, and 4,974 participants have been served since the
program's inception in 1999.
The original 2005 sunset date for the Safe at Home Program has
been extended twice. First, AB 797 extended the sunset date to
January 1, 2008. AB 2169 (Montanez), Chap. 475, Stats. 2006,
subsequently extended it until January 1, 2013. This bill
removes the sunset for the Safe at Home Program, thereby making
it permanent. It also requires that the Secretary of State
permanently retain name change records for program participants.
In support of the bill, the author writes:
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Safe at Home is a confidential address program run by
the California Secretary of State's Office that offers
victims anonymity. Participants can use a free post
office box instead of their home address to help them
maintain their privacy when receiving first-class
mail, opening a bank account, completing a
confidential name change, filling out government
documents, registering to vote, obtaining a driver's
license, enrolling a child in school, and more.
Since its inception in 1999, the Safe at Home Program
has helped protect the identities of nearly 5,000
survivors of domestic violence, stalking and sexual
assault, as well as reproductive health care doctors,
nurses, volunteers and patients.
Repealing the sunset and making the Safe at Home
Program permanent would continue to provide certainty
to participants that their anonymity will be
permanently protected.
Sunset Date of This Program Has Been Extended Several Times and
There is Now No Known Opposition to Lifting Sunset Completely :
SB 489, which created the Safe at Home program over a decade
ago, included the original sunset provision apparently to
address concerns raised about the cost and appropriateness of
the Secretary of State to administer the program. An initial
prior extension of the sunset date in SB 797 also received
opposition from the Secretary of State due to concerns about
cost. Those concerns appeared to be centered on the addition of
reproductive health care service providers, employees,
volunteers or patients to the program. AB 2169 in 2006 would
have removed the sunset entirely, but instead extended the
program to 2013 due to concerns that a separate measure (SB 1062
(Bowen)), which included victims of sexual assault in the
programs, would significantly increase the program's population
and cost.
In contrast, this bill has received no opposition and the
previous concerns about the cost of administering the program
have not been raised, likely because they are outweighed by the
demonstrated benefits of the program. Furthermore, as noted by
the Secretary of State's Safe at Home Legislative Report, the
economic crisis and a rise in domestic violence cases has
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increased the demand for victim assistance and information. By
permanently establishing the address confidentiality programs,
the state can assure participants that their anonymity, and thus
their safety, is not in jeopardy.
Confidential Name Change Records Should be Kept Permanently and
This Bill Seeks to Do So : Under current law, if a proceeding
for a change of name is commenced by the filing of a petition,
the court is required to issue an order directing all persons
interested in the matter to show cause as to why the application
for change of name should not be granted. A copy of the order
to show cause must also be published in a newspaper of general
circulation in the county. However, if the petitioner is a
participant in the Safe at Home program, publication is not
required. Additionally, the court is required to keep
confidential the current legal name of the petitioner and
prohibited from publishing that name by any means or in any
public forum. In lieu of reciting the proposed name, the court
is required to state that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
Thus, the Secretary of State currently maintains the only
complete record of a program participant's confidential name
change. However, the Secretary of State is also required to
destroy closed or terminated Safe at Home case files after three
years. This can result in the destruction of all records
pertaining to a participant's previous name if the participant
chooses to opt out of the program. Accordingly, this bill
requires the Secretary of State to permanently maintain records
pertaining to confidential name changes of program participants,
thereby ensuring that the sole complete records of a
participant's prior name are not lost forever. This is
consistent with the requirements currently imposed on trial
court clerks with respect to the maintenance of name change
court records for individuals who are not participants in the
Safe at Home program.
Prior Legislation : SB 489 (Alpert), Chap. 1005, Stats. 1998,
established the Safe at Home program. SB 1318 (Alpert), Chap.
562, Stats. 2000, extended Safe at Home to victims of stalking,
and revised procedures relating to termination of certification
of participants. AB 205 (Leach), Chap. 33, Stats. 2000,
extended Safe at Home protections to an individual's name
change. AB 797 (Shelley), Chap. 380, Stats. 2002, extended the
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sunset date from January 1, 2005 to January 1, 2008. AB 2169
(Montanez), Chap. 475, Stats. 2006, extended the sunset date
from January 1, 2008 to January 1, 2013. AB 2304 (Plescia),
Chap. 586, Stats. 2008, required courts to keep confidential the
current legal name of the petitioner and prohibited the court
from publishing that name by any means or in any public forum
when the petition for name change is by a participant in the
address confidentiality program
REGISTERED SUPPORT / OPPOSITION :
Support
California Secretary of State (sponsor)
American College of Obstetricians and Gynecologists - District
IX
California State Sheriff's Association
California Communities United Institute
Crime Victims United of California
Family Violence Law Center
Junior Leagues of California, State Public Affairs Committee
Los Angeles County District Attorney's Office
NARAL Pro-Choice California
Physicians for Reproductive Choice and Health
Planned Parenthood Affiliates of California
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334