BILL NUMBER: SB 1082 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 14, 2012
An act to amend Sections 6205.5, 6206, 6206.5, 6206.7, 6207, 6210,
and 6215.2 of the Government Code, relating to the protection of
victims.
LEGISLATIVE COUNSEL'S DIGEST
SB 1082, as introduced, Corbett. Protection of victims: address
confidentiality.
Existing law authorizes an adult person, a parent or guardian
acting on behalf of a minor, or a guardian acting on behalf of an
incapacitated person who is a victim 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 respond to requests for public records without disclosing
a program participant's address contained in any public record and
otherwise provide for confidentiality of identity for that person,
subject to specified conditions. Existing law requires applicants to
be certified for 4 years following the date of filing unless the
certification is withdrawn or invalidated before that date. Existing
law requires the Secretary of State to establish a renewal procedure.
Existing law authorizes the Secretary of State to cancel a program
participant's certification and authorizes a program participant to
withdraw from program participation, as specified.
This bill would require the adult person, minor, or incapacitated
person who is a victim of domestic violence, sexual assault, or
stalking to be domiciled in California, as specified. This bill would
authorize a minor program participant, who reaches 18 years of age
during his or her enrollment, to renew as an adult, as specified.
This bill would modify the Secretary of State's authority to
terminate a program participant's certification, as specified. This
bill would authorize the office of the Secretary of State to refuse
to handle or forward packages for program participants, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6205.5 of the Government Code is amended to
read:
6205.5. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
(b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
(c) "Domicile" means a place of habitation as defined in Section
349 of the Elections Code.
(c)
(d) "Program participant" means a person certified as a
program participant under Section 6206.
(d)
(e) "Sexual assault" means an act or attempt made
punishable by Section 220, 261, 261.5, 262, 264.1, 266c, 269, 285,
286, 288, 288.5, 288a, 289, or 647.6 of the Penal Code.
(e)
(f) "Stalking" means an act as defined in Section 646.9
of the Penal Code.
SEC. 2. 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
, who is domiciled in California, 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 shall 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. A minor program participant, who reaches 18 years of
age during his or her enrollment, may renew as an adult following the
renewal procedures established by the Secretary of State.
(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.
SEC. 3. Section 6206.5 of the Government Code is amended to read:
6206.5. (a) The
Secretary of State may cancel Upon termination of
a program participant's certification if there is a
change in the residential address from the one listed on the
application, unless the program participant provides the Secretary of
State with at least seven days' prior notice of the change of
address. , the Secretary of State shall retain records
as follows:
(b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
(c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(e)
(a) Except as provided in subdivision (f) of Section
6206.7 or subdivision (c) of Section 6208, any records or documents
pertaining to a program participant shall be held confidential for a
period of three years after termination of certification.
(f)
(b) All records or documents pertaining to a program
participant shall be retained for a period of three years after
termination of certification and then destroyed, except for change of
name records, which shall be retained permanently.
SEC. 4. Section 6206.7 of the Government Code is amended to read:
6206.7. (a) A program participant may withdraw from program
participation by submitting to the address confidentiality
program manager Secretary of State written
notification of withdrawal and his or her current identification
card. Certification shall be terminated on the date of receipt of
this notification.
(b) The address confidentiality program manager
Secretary of State may terminate a program participant's
certification and invalidate his or her authorization card for any of
the following reasons:
(1) The program participant's certification term has expired and
certification renewal has not been completed.
(2) The address confidentiality program manager
Secretary of State has determined that false information
was used in the application process to qualify as a program
participant or that participation in the program is being used as a
subterfuge to avoid detection of illegal or criminal activity or
apprehension by law enforcement.
(3) The program participant no longer resides at the most
recent residential address listed on the application,
provided to the Secretary of State, and has not
provided at least seven days' prior notice in writing of a change in
address.
(4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager
the Secretary of State is returned as
nondeliverable.
(5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
(6) The adult program participant or the parent or guardian acting
on behalf of a minor or incapacitated person has abandoned his or
her domicile in this state.
(7) The program participant, who reaches 18 years of age during
his or her certification term, has not renewed his or her
certification within 60 days of him or her reaching 18 years of age.
(c) If intended termination is a result of
paragraph (1), (3), (4), or (5) of based on any of the
reasons under subdivision (b), the address
confidentiality program manager Secretary of State
shall send written notification of the intended termination to
the program participant. The program participant shall have
five business 30 days in which to appeal the
intended termination under procedures developed by the
Secretary of State.
(d) The address confidentiality program manager
Secretary of State shall notify in writing the county
elections official and authorized personnel of the appropriate county
clerk's office, county recording office, and department of health of
the program participant's certification withdrawal, invalidation,
expiration, or termination.
(e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality
program manager Secretary of State all
appropriate administrative records pertaining to the program
participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
(f) Following termination of program participant certification as
a result of paragraph (2) of subdivision (b), the address
confidentiality program manager Secretary of State
may disclose information contained in the participant's
application.
SEC. 5. Section 6207 of the Government Code is amended to read:
6207. (a) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When creating a public record, state and local
agencies shall accept the address designated by the Secretary of
State as a program participant's substitute address, unless the
Secretary of State has determined both of the following:
(1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
(2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
(b) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When modifying or maintaining a public record,
excluding the record of any birth, fetal death, death, or marriage
registered under Division 102 (commencing with Section 102100) of the
Health and Safety Code, state and local agencies shall accept the
address designated by the Secretary of State as a program participant'
s substitute address, unless the Secretary of State has determined
both of the following:
(1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
(2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
(c) A program participant may use the address designated by the
Secretary of State as his or her work address.
(d) The office of the Secretary of State shall forward all
first-class mail and all mail sent by a governmental agency to the
appropriate program participants. The office of the Secretary of
State shall not may, in its discretion,
refuse to handle or forward packages regardless of size or type
of mailing.
(e) Notwithstanding subdivisions (a) and (b), program participants
shall comply with the provisions specified in subdivision (d) of
Section 1808.21 of the Vehicle Code if requesting suppression of the
records maintained by the Department of Motor Vehicles. Program
participants shall also comply with all other provisions of the
Vehicle Code relating to providing current address information to the
department.
SEC. 6. Section 6210 of the Government Code is amended to read:
6210. (a) Notwithstanding
Section 7550.5, the Secretary of State shall submit to the
Legislature, no later than January 10 of each year, a report that
includes the total number of applications received for the program
established by this chapter. The report shall disclose the number of
program participants within each county and shall also describe any
allegations of misuse relating to election purposes.
(b) The Secretary of State shall commence accepting applications
and other activities under this program on July 1, 1999.
(c) Notwithstanding Section 7550.5, the Secretary of State shall
submit to the Legislature by January 1, 2004, a report that includes
the total number of pieces of mail forwarded to program participants,
the number of program participants during the program's duration,
the number of program participants who obtained a confidential name
change pursuant to subdivision (b) of Section 1277 of the Code of
Civil Procedure, the average length of time a participant remains in
the program, and the targeted code changes needed to improve the
program's efficiency and cost-effectiveness.
SEC. 7. Section 6215.2 of the Government Code is amended to read:
6215.2. (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 to 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 assistance program
designated by the Secretary of State. The application process shall
include a requirement that the applicant shall meet with a 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) 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 reproductive health care service
provider, employee, or volunteer who is fearful for his or her
safety or the safety of his or her family because of his or her
affiliation with a reproductive health care services facility, the
application shall be accompanied by all of the following:
(A) Documentation showing that the individual is to commence
employment or is currently employed as a provider or employee at a
reproductive health care services facility or is volunteering at a
reproductive health care services facility.
(B) A certified statement signed by a person authorized by the
reproductive health care services facility stating that the facility
or any of its providers, employees, volunteers, or patients is or was
the target of threats or acts of violence within one year of the
date of the application. A person who willfully certifies as true any
material matter pursuant to this section which he or she knows to be
false is guilty of a misdemeanor.
(C) A sworn statement that the applicant fears for his or her
safety or the safety of his or her family, or the safety of the minor
or incapacitated person on whose behalf the application is made due
to his or her affiliation with the reproductive health care services
facility providing the declaration described in subparagraph (B).
(2) If the applicant alleges that the basis for the application is
that the applicant is a reproductive health care services facility
volunteer, the application shall, in addition to the documents
specified in paragraph (1), be accompanied by reproductive health
care services facility documentation showing the length of time the
volunteer has committed to working at the facility.
(3) If the applicant alleges that the basis of the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a person who is or has been the
target of threats or acts of violence because he or she is obtaining
or seeking to obtain services at a reproductive health care services
facility within one year of the date of the application, the
application shall be accompanied by the following:
(A) A sworn statement that the applicant has good reason to fear
for his or her safety or the safety of his or her family.
(B) Any police, court, or other government agency records or files
that show any complaints of the alleged threats or acts of violence.
(4) 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.
(5) The mailing address where the applicant can be contacted by
the Secretary of State, and the telephone number or numbers where the
applicant can be called by the Secretary of State.
(6) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
acts of violence toward the applicant.
(7) The signature of the applicant and of any individual or
representative of any office designated in writing 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) Applications submitted by a reproductive health care services
facility, its providers, employees, or volunteers shall be
accompanied by payment of a fee to be determined by the Secretary of
State. This fee shall not exceed the actual costs of enrolling in the
program. In addition, annual fees may also be assessed by the
Secretary of State to defray the actual costs of maintaining this
program. Annual fees assessed by the Secretary of State shall also be
used to reimburse the General Fund for any amounts expended from
that fund for the purposes of this chapter. No applicant who is a
patient of a reproductive health care services facility shall be
required to pay an application fee or the annual fee under this
program.
(d) The Address Confidentiality for Reproductive Health Care
Services Fund is hereby created in the General Fund. Upon
appropriation by the Legislature, moneys in the fund are available
for the administration of the program established pursuant to this
chapter.
(e) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants, with the exception of reproductive health care services
facilities volunteers, shall be certified for four years following
the date of filing unless the certification is withdrawn, or
invalidated before that date. Reproductive health care services
facility volunteers shall be certified until six months from the last
date of volunteering with the facility. The Secretary of State shall
by rule establish a renewal procedure. A minor program
participant, who reaches 18 years of age, may renew as an adult
following the renewal procedures established by the Secretary of
State.
(f) 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 family 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.