BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: SB 1233 HEARING DATE: 4/6/10
AUTHOR: OROPEZA ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 3/22/10
FISCAL: YES
SUBJECT
Confidential address programs
DESCRIPTION
Existing law establishes the following two programs, until
January 1, 2013, collectively known as the "Safe At Home"
project:
The Address Confidentiality for Victims of Domestic
Violence, Sexual Assault, and Stalking program; and,
The Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and
Patients program.
Existing law allows a person who is a victim of domestic
violence, sexual assault, or stalking, or who is a
reproductive health care services provider, employee,
volunteer, or patient, and who fears for his or her safety
or the safety of his or her family, to participate in the
"Safe at Home" project by applying to the Secretary of
State (SOS) at a designated community based assistance
program.
Existing law provides that each participant in the "Safe at
Home" project shall have a substitute address designated by
the SOS that the participant may use when he or she is
required to provide an address to a state or local agency.
Existing law requires every state or local agency, with
limited exceptions, to accept the substitute address
designated by the SOS when creating a public record.
Existing law requires the SOS to forward all first-class
mail and all mail sent by governmental agencies to the
appropriate "Safe at Home" participants.
Existing law allows a participant in the "Safe at Home"
project, until January 1, 2013, to have the information
relating to his or her residence address, telephone number,
and e-mail address appearing on the participant's voter
registration card, or on any list, index, or roster of
registered voters, declared confidential. Requires any
person granted confidentiality under this provision to
provide a valid mailing address and to be a permanent
vote-by-mail voter for all subsequent elections or until
the elections official is notified otherwise by the SOS or
in writing by the voter.
This bill removes the sunset provision and will instead
extend the provisions of the program indefinitely.
Existing law requires any records or documents pertaining
to a Safe at Home program participant to be retained and
held confidential for a period of three years after
termination of certification and then destroyed.
This bill instead requires that change of name records be
retained permanently by the SOS.
BACKGROUND
The SOS's Safe at Home program was originally created in
1998 (SB 489, Alpert, Ch. 1005) for victims of actual or
threatened domestic violence. Expanded in later years to
include victims of stalking (SB 1318, Alpert, Ch. 562,
2000), reproductive health care workers and patients (AB
797, Shelley, Ch. 380, 2002), adding voter registration
confidentiality to the program through (AB 603 Price, Ch.
586, 2007). The program provides a designated address for
use by participants in public documents, mail and service
of process while keeping the participants' actual physical
addresses confidential. Once accepted into the program,
participants are certified for a period of four years.
State and local agencies are required to accept the
substitute address designated by the SOS, and a participant
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is able to request that his or her residence address and
phone number be kept confidential when applying for a
marriage license or when registering to vote. Knowingly
providing false or misleading information on the
application is a misdemeanor.
COMMENTS
1. According to the author, Safe at Home is a
confidential address program administered by the SOS
that offers victims anonymity. Participants can use a
free post office box instead of their home address to
help them maintain their privacy when receiving
first-class mail, opening a bank account, completing a
confidential name change, filling out government
documents, registering to vote, getting a driver's
license, enrolling a child in school, and more.
Since its inception in 1999, the Safe at Home Program has
helped protect the identities of nearly 3,800 survivors
of domestic violence, stalking, and sexual assault, as
well as reproductive health care doctors, nurses,
volunteers and patients.
2. Permanent retention . Safe at Home participants often
legally change their name. Existing law requires the
old name to be removed from court records and the new
name to be filed with the SOS. As a result the SOS
maintains the only complete record of the participant's
confidential name change. However, existing law also
requires all closed or terminated Safe at Home case
files to be shredded after three years, which means
Safe at Home participants who opt to legally file and
complete a confidential change of name risk losing all
records pertaining to their past name, if they leave
the program. The bill will allow name changes of
program participants to be retained permanently,
mirroring existing law relative to court records.
3. Double referral . This bill has also been referred to
Senate Judiciary Committee.
4. Related legislation . SB 489 (Alpert), Chapter 1005,
Statutes of 1998 established the Safe at Home Program
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providing address confidentiality of domestic abuse
victims. SB 1318 (Alpert), Chapter 562, Statutes of
2000 was expanded to include victims of stalking. AB
797 (Shelley), Chapter 380 Statutes of 2002 expanded
protection to reproductive health care workers and
patients. AB 2169 (Montanez), Chapter 475, Statutes of
2006 extended the Program's sunset to 2013. AB 603
(Price), Chapter 234, Statutes of 2007 extended to 2013
a sunset to the provision on voter registration
confidentiality that was set to expire in 2008.
POSITIONS
Sponsor: Secretary of State
Support: American Congress of Obstetricians and
Gynecologists
California State Sheriffs' Association (CSSA)
Crime Victims United of California (CVUC)
NARAL Pro-Choice California
State Public Affairs Committee (SPAC), Junior
Leagues of California
Oppose: None received
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