BILL NUMBER: SB 1385	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 21, 2014

   An act to amend Section 6206 of the Government Code, relating to
the protection of victims.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1385, as introduced, Anderson. Protection of victims: alternate
physical address.
   Under existing law, the Secretary of State is required, as
specified, to designate an address for a victim of domestic violence,
sexual assault, and stalking that serves as the person's address for
the purposes 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.
   This bill would require the Secretary of State, upon the request
of a program participant, to designate an alternate physical address
if the participant is prohibited from using a post office box as an
address.
   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 6206 of the Government Code, as amended by
Section 1 of Chapter 676 of the Statutes of 2013, 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 or a community-based
assistance program that serves victims of elder or dependent adult
abuse pursuant to the Elder Abuse and Dependent Adult Civil
Protection Act (Chapter 11 (commencing with Section 15600) of Part 3
of Division 9 of the Welfare and Institutions Code). 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) 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.
   (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) 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   an  action brought by
 any   a  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) The Secretary of State shall designate an alternate physical
address upon the request of a program participant if the participant
is prohibited from using a post office box as an address. 

   (b) 
    (c)  Applications shall be filed with the office of the
Secretary of State. 
   (c) 
    (d)  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) 
    (e)  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) 
    (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 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.