BILL NUMBER: AB 2483	CHAPTERED
	BILL TEXT

	CHAPTER  102
	FILED WITH SECRETARY OF STATE  JULY 13, 2012
	APPROVED BY GOVERNOR  JULY 13, 2012
	PASSED THE SENATE  JULY 2, 2012
	PASSED THE ASSEMBLY  MAY 7, 2012

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 24, 2012

   An act to amend Section 6206 of the Government Code, relating to
address confidentiality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2483, Blumenfield. Victims of stalking: address
confidentiality.
   Existing law authorizes victims of domestic violence, sexual
assault, or stalking to complete an application in person at a
community-based victims' assistance program to be approved by the
Secretary of State for the purpose of enabling state and local
agencies to provide for confidentiality of the address for that
person, subject to specified conditions. Any person who makes a false
statement in an application is guilty of a misdemeanor. An applicant
alleging the basis for the application is domestic violence or
sexual assault may attach specific evidence to the application, and
an applicant alleging the basis for the application is stalking is
required to attach specific evidence to the application.
   This bill would remove the requirement for specific attached
evidence for an application alleging the basis is stalking, and
instead make the inclusion of that evidence permissive.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6206 of the Government Code is amended to read:

   6206.  (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person
may apply to the Secretary of State to have an address designated by
the Secretary of State serve as the person's address or the address
of the minor or incapacitated person. An application shall be
completed in person at a community-based victims' assistance program.
The application process shall include a requirement that the
applicant shall meet with a victims' assistance counselor and receive
orientation information about the program. The Secretary of State
shall approve an application if it is filed in the manner and on the
form prescribed by the Secretary of State and if it contains all of
the following:
   (1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
   (A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence, sexual assault, or stalking.
   (B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
   (2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or
sexual assault, the application may be accompanied by evidence
including, but not limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Documentation from a domestic violence or sexual assault
program if the person is alleged to be a victim of domestic violence
or sexual assault.
   (C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence or sexual assault.
   (D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence or sexual assault.
   (3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application may be accompanied by evidence including, but not limited
to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
   (C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
   (4) A statement of whether there are any existing court orders
involving the applicant for child support, child custody, or child
visitation, and whether there are any active court actions involving
the applicant for child support, child custody, or child visitation,
the name and address of legal counsel of record, and the last known
address of the other parent or parents involved in those court orders
or court actions.
   (5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
   (A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
   (B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
   (C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
   (D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
   (6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
   (7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, or stalking.
   (8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
   (b) Applications shall be filed with the office of the Secretary
of State.
   (c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure.
   (d) Upon certification, in any case where there are court orders
or court actions identified in paragraph (4) of subdivision (a) and
there is no other or superseding court order dictating the specific
terms of communication between the parties, the Secretary of State
shall, within 10 days, notify the other parent or parents of the
address designated by the Secretary of State for the program
participant and the designation of the Secretary of State as agent
for purposes of service of process. The notice shall be given by
mail, return receipt requested, postage prepaid, to the last known
address of the other parent to be notified. A copy shall also be sent
to that parent's counsel of record.
   (e) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.