BILL NUMBER: AB 849 INTRODUCED
BILL TEXT
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,
or stalking, or abuse of an elder of
dependent adult, 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.
(a) "Abuse of an elder or dependent adult" means an act as defined
in Section 15610.07 of the Welfare and Institutions Code.
(a)
(b) "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)
(c) "Domestic violence" means an act as defined in
Section 6211 of the Family Code.
(c)
(d) "Domicile" means a place of habitation as defined
in Section 349 of the Elections Code.
(d)
(e) "Program participant" means a person certified as a
program participant under Section 6206.
(e)
(f) "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.
(f)
(g) "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, or stalking , or
abuse of an elder or dependent adult .
(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 or abuse
of an elder or dependent adult , 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, 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 stalking or abuse
of an elder or dependent adult .
(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 or abuse of an elder or
dependent adult .
(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, or stalking
, or abuse of an elder or dependent adult .
(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 or ,
stalking , or abuse of an elder or dependent adult
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.