Senate Bill No. 1385

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 begin delete any end delete begin insert an end insert action brought by begin delete any end delete begin insert a end insert 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.

begin insert

(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.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Applications shall be filed with the office of the Secretary
of State.

begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

begin insert (f) end insert  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.