BILL ANALYSIS �
AB 2483
Page 1
Date of Hearing: May 1, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2483 (Blumenfield) - As Introduced: February 24, 2012
PROPOSED CONSENT
SUBJECT : CONFIDENTIAL ADDRESS PROGRAM: STALKING
KEY ISSUE : IN ORDER TO HELP PROTECT STALKING VICTIMS, SHOULD
THE SAME RULES OF EVIDENCE THAT DOMESTIC VIOLENCE AND SEXUAL
ASSAULT VICTIMS NOW USE TO PARTICIPATE IN CALIFORNIA'S SAFE AT
HOME PROGRAM ALSO APPLY TO THEM?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
The Safe at Home program, created in 1998, allows victims of
domestic violence, sexual assault and stalking to apply to the
Secretary of State for an alternate address to be used in public
records. The purpose of the program is to enable state and
local agencies to respond to requests for public records without
disclosing the changed names or locations of victims of domestic
violence, sexual assault or stalking. Under current law,
victims of domestic violence and sexual assault have one set of
application requirements to participate in the Safe at Home
program, while victims of stalking must satisfy additional
hurdles to participate in the program. This bill seeks to level
the playing field and equalize the application requirements for
stalking victims. The bill is supported by law enforcement and
anti-violence organizations. There is no known opposition to
the bill.
SUMMARY : Removes the requirement that victims of stalking
provide specified evidence before they can participate in the
Secretary of State's Safe at Home program.
EXISTING LAW :
1)Establishes an address confidentiality program, operated by
the Secretary of State, to which victims of domestic violence,
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sexual assault or stalking may apply. The program enables
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 to
provide for confidentiality of that person's identity.
(Government Code Section 6205 et seq. Unless stated
otherwise, all further statutory references are to that code.)
2)Requires that an applicant to the address confidentiality
program based on domestic violence, sexual assault or stalking
complete an application in person at a community-based
victims' assistance program. Requires that the application
process include a requirement that the applicant meet with a
victims' assistance counselor and receive orientation
information about the program. Requires the application to
include a sworn statement that the applicant has good reason
to believe that he or she is a victim of domestic violence,
sexual assault or stalking and fears for his or her safety.
(Section 6206(a).)
3)Provides that a domestic violence or sexual assault applicant
to the address confidentiality program may provide specified
evidence with the application. Requires that a stalking
applicant must provide evidence with the application,
including, but not limited to: police, court, or other
government agency records or files; documentation from legal,
clerical, medical, or other professionals from whom the
applicant sought assistance in dealing with the alleged
stalking; or any other evidence that supports the sworn
statement alleging that the applicant is a victim of stalking.
(Id.)
4)Establishes a similar address confidentiality program for
reproductive health care services providers, employees,
volunteers, and patients. (Section 6215 et seq.)
5)Provides that any records or documents pertaining to a program
participant shall be retained and held confidential for a
period of three years after termination of certification of
participation in the program, and then destroyed, as
specified. (Section 6206.5.)
COMMENTS : Under current law, victims of domestic violence and
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sexual assault have one set of application requirements to
participate in the Secretary of State's Safe at Home program,
while victims of stalking must satisfy additional hurdles to
participate in the program. This bill seeks to level the
playing field and equalize the application requirements for
stalking victims.
In support of the bill, the author writes:
Current law allows victims of sexual assault and domestic
violence to participate in the program without having to
document the abuse with police or medical records, however
victims of stalking are still required by statute to
document the crime--a task that, oftentimes, is close to
impossible. AB 2483 seeks to create parity in law by
allowing stalking victims to participate in the program
without being required to furnish police or medical
records. This change will help protect victims of stalking
by ensuring they can participate in the Safe at Home
program and prevent their victimizers from finding their
new address.
Background on Safe at Home Program : The Safe at Home program,
created by SB 489 (Alpert), Chap. 1005, Stats. 1998, allows
victims of domestic violence, stalking and sexual assault to
apply to the Secretary of State to request an alternate address
to be used in public records. The purpose of that program 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 or stalking." (Section 6205.)
The Secretary of State provides a substitute, publicly
accessible address for these victims while protecting their
actual residences or locations. The Secretary of State also
acts as the program participants' agent for service of process
and forwards mail received at the substitute address provided.
A program participant, once certified, may stay in the program
for four years, after which re-certification is required.
According to the Safe at Home 2011 Report, there are 2,735
active participants in the program, and 6,260 participants have
been served since the program's inception in 1999.
Participant Qualifications : In order to participate in the Safe
at Home program, a victim of domestic violence, sexual assault
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or stalking must complete an application in person at a
community-based victims' assistance program. The process
includes a requirement that the applicant meet with a victims'
assistance counselor and receive orientation information about
the program. In addition, the application must include a sworn
statement that the applicant has good reason to believe that he
or she is a victim of domestic violence, sexual assault, or
stalking and fears for his or her safety.
Under current law, victims of domestic violence or sexual
assault may choose to attach evidence to their application, but
stalking victims must provide certain specified evidence. If no
such evidence is available and provided as required, then
stalking victims cannot keep their address confidential and may
not be able to protect themselves and their family. Initially
victims of domestic violence also had to provide additional
proof, but that requirement was found to be too limiting and
prevented victims and their children from receiving needed
protection under the Safe at Home program.
There is no evidence or even anecdotal stories to support this
differential treatment. Instead, the Los Angeles County
District Attorney's Office writes that to say that "�o]ur office
does not believe there is any legitimate reason why stalking
victims should have a higher burden of proof to avail themselves
of a law that will keep their whereabouts unknown to their
stalkers." The California Police Chiefs Association adds that
the unintended consequence of the current law is "to chill the
willingness of stalking victims to come forward." The
organization believes that deleting the additional requirements
for stalking victims "is a good-sense proposal." Echoes the
California Partnership to End Domestic Violence:
"Unfortunately, victims of stalking are still required by
statute to document the crime - a task that, oftentimes, is
close to impossible. The oversight in the law puts stalking
victims in needless danger."
REGISTERED SUPPORT / OPPOSITION :
Support
California Coalition Against Sexual Assault
California District Attorneys Association
California Partnership to End Domestic Violence
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California Police Chiefs Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Domestic Abuse Center
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334