California Legislature—2013–14 Regular Session

Assembly Bill No. 849

Introduced by Assembly Member Garcia

February 21, 2013

An act to amend Sections 6205, 6205.5, 6206, and 6208.5 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 849, as introduced, Garcia. Protection of victims: 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 respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would include victims of abuse of an elder or dependent adult, as defined, within these provisions. By including a new category of eligible persons, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6205 of the Government Code is amended
to read:

6205.  

The Legislature finds that persons attempting to escape
from actual or threatened domestic violence, sexual assault, or
stalking frequently establish new names or addresses in order to
prevent their assailants or probable assailants from finding them.
The purpose of this chapter 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, sexual
assault, begin delete or end delete stalking, begin insert or abuse of an elder of dependent adult, end insert to
enable interagency cooperation with the Secretary of State in
providing name and address confidentiality for victims of domestic
violence, sexual assault, or stalking, and to enable state and local
agencies to accept a program participant’s use of an address
designated by the Secretary of State as a substitute mailing address.

SEC. 2.  

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.

begin insert

(a) “Abuse of an elder or dependent adult” means an act as
defined in Section 15610.07 of the Welfare and Institutions Code.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “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.

begin delete

(b)

end delete

begin insert (c) end insert  “Domestic violence” means an act as defined in Section
6211 of the Family Code.

begin delete

(c)

end delete

begin insert (d) end insert  “Domicile” means a place of habitation as defined in Section
349 of the Elections Code.

begin delete

(d)

end delete

begin insert (e) end insert  “Program participant” means a person certified as a program
participant under Section 6206.

begin delete

(e)

end delete

begin insert (f) end insert  “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.

begin delete

(f)

end delete

begin insert (g) end insert  “Stalking” means an act as defined in Section 646.9 of the
Penal Code.

SEC. 3.  

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, begin delete or end delete stalking begin insert , or abuse of an elder or
dependent adult end insert .

(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 begin insert or abuse of
an elder or dependent adult end insert , 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)  begin delete Legal, end delete begin insert Documentation from a legal, end insert 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 begin insert or abuse of an elder or dependent adult end insert .

(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 begin insert or abuse of an elder or
dependent adult end insert .

(4) The name and last known address of the applicant’s minor
child or children, the name and last known address of the other
parent or parents of the minor child or children of the applicant,
and all court orders related to the minor child or children of the
applicant, and legal counsel of record in those cases.

(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, begin delete or end delete stalking begin insert , or abuse of an elder
or dependent adult end insert .

(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, the Secretary of State shall, within 10
days, notify the other parent or parents identified pursuant to
paragraph (4) of subdivision (a) of the designation of the Secretary
of State as agent for purposes of service of process and, unless
there is a court order prohibiting contact, the address designated
by the Secretary of State for the program participant. 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, if provided to
the Secretary of State by the applicant.

(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. 4.  

Section 6208.5 of the Government Code is amended
to read:

6208.5.  

The Secretary of State shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter
services to victims of domestic violence begin delete or end delete begin insert , end insert stalking begin insert , or abuse of
an elder or dependent adult end insert to assist persons applying to be
program participants. Any assistance and counseling rendered by
the office of the Secretary of State or its designees to applicants
shall in no way be construed as legal advice.

SEC. 5.  

The Legislature finds and declares that this act imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following finding to demonstrate the interest protected by this
limitation and the need for protecting the interest:

In order to protect the victims of crimes, it is necessary that this
act take effect.

SEC. 6.  

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 17556 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.