BILL ANALYSIS Ó
SB 545
Page 1
Date of Hearing: June 10, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 545 (Anderson) - As Amended: January 22, 2014
PROPOSED CONSENT
SENATE VOTE : 33-0
SUBJECT : SAFE AT HOME PARTICIPANTS: NAME CHANGE
KEY ISSUE : SHOULD THE CONFIDENTIAL NAME CHANGE PROCESS FOR
VICTIMS OF DOMESTIC VIOLENCE WHO ARE ENROLLED IN THE SECRETARY
OF STATE'S SAFE AT HOME PROGRAM BE CLARIFIED?
SYNOPSIS
Victims of domestic violence, stalking or sexual assault may, to
protect themselves and their families from their abusers, keep their
address confidential through the Secretary of State's Safe at Home
program. Under the Safe at Home program, victims can apply for a
substitute address to be used in public records in order to prevent
their assailants from finding their work or home address. The
Secretary of State also acts as agent for service of process for
program participants and forwards mail received at the substitute
address provided. For added protection from their abuser, some
victims also change their names. However, in order to be effective,
the name change must be done confidentially. This non-controversial
bill clarifies the rules for a confidential name change for victims
of domestic violence, stalking and sexual assault by waiving
newspaper publication requirements for active members of the Safe at
Home program when the name he or she seeks to acquire is on file
with the Secretary of State. This bill is supported by Secretary of
State Debra Bowen, the Los Angeles District Attorney and the Junior
League of San Diego, and has no known opposition.
SUMMARY : Clarifies that the newspaper publication requirements
for a name change are waived for active members of the Secretary
of State's address confidentiality program who are seeking the
name change to avoid domestic violence or stalking, or who are
victims of sexual assault, when the name he or she seeks to
acquire is the one on file with the Secretary of State.
EXISTING LAW :
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1)Provides that applications for change of name be filed in the
superior court and signed by the person whose name is to be
changed, unless the person is a minor, in which case the
application must be signed by a parent or guardian. (Code of
Civil Procedure Section 1276(a). Unless stated otherwise, all
further statutory references are to that code.)
2)Provides that when a petition for a name change is filed, the
court must direct all persons interested in the matter to
appear before the court at a time and place specified.
Requires the order to direct all persons interested in the
matter to make known any objection that they may have to the
name change in writing at least two days prior to the day the
matter is to be heard, and appear in court to show good cause
why the petition for change of name should not be granted.
(Section 1277(a).)
3)Provides that a copy of the order to show cause must be
published in a newspaper of general circulation. (Id.)
4)Provides that a petitioner, who is a participant in the Safe
at Home address confidentiality program and petitions for a
change of name, alleging the name change is to avoid domestic
violence, stalking, or that the petitioner is a victim of
sexual assault, is exempt from the publication requirement and
requires any such court order show that the name change was
confidential. (Section 1277(b).)
5)Establishes the Safe at Home address confidentiality program
within the Office of the Secretary of State in order to enable
state and local agencies to both accept and respond to
requests for public records without disclosing the changed
name or address of a victim of domestic violence, sexual
assault, or stalking. Permits any such adult victim, or
parent or guardian acting on behalf of a minor or
incapacitated person, to apply through a community-based
victims' assistance program to have an address designated by
the Secretary of State as his or her substitute mailing
address. (Government Code Section 6205 et seq.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : Victims of domestic violence often require legal
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intervention to protect them from their abusers. Under existing
law, a victim may notify law enforcement, petition the court for
a restraining order, or enroll in a program or shelter for
victims of abuse. Victims with children often file actions with
the family court in order to seek appropriate custody and
support orders. Many of these actions require the victim to
provide an address that may be shared with the abuser.
The Safe at Home program within the Office of the Secretary of
State allows victims of domestic violence, stalking, and sexual
assault to apply for a substitute address to be used in public
records in order to prevent their assailants from finding their
work or home address. The Secretary of State also acts as the
program participants' agent for service of process and forwards
mail received at the substitute address provided. Upon
successful application, a program participant is certified to
remain in the program for four years, as specified. For victims
who have not yet attained the age of majority, a parent or
guardian may apply to enroll the victim in the program.
Some victims of domestic violence also elect, for further
protection, to change their name. Existing law provides for
such a process, and in fact allows the process to be done
confidentiality if the person applying is a victim of domestic
violence or stalking or because he or she is a victim of sexual
assault and is a participant in the Secretary of State's Safe at
Home program.
This bill clarifies the rules for the program and provides that
the name change can be done confidentially if the victim is an
active participant in the Safe at Home program and if the name
he or she is seeking to acquire is on file with the Secretary of
State. This ensures that the Secretary of State knows who the
participants in the Safe at Home program are and where they can
be located.
The author writes that "there is currently a loophole in which
there is no requirement that an individual who is part of the
Safe at Home program, and goes through the process of changing
their name, must inform the program of their new name. This
clearly presents logistical problems that could result in
compromising the identity of program participants." The author
is concerned that this loophole "disrupts the continuity of
protection" that the Safe at Home program was intended to
provided. This bill closes that loophole "in order to ensure
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the continuity of protection guaranteed to victims of domestic
violence."
REGISTERED SUPPORT / OPPOSITION :
Support
Junior League of San Diego
Los Angeles District Attorney's Office
Secretary of State Debra Bowen
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334