Bill Text: CA AB849 | 2013-2014 | Regular Session | Chaptered
Bill Title: Protection of victims: address confidentiality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 676, Statutes of 2013. [AB849 Detail]
Download: California-2013-AB849-Chaptered.html
BILL NUMBER: AB 849 CHAPTERED
BILL TEXT
CHAPTER 676
FILED WITH SECRETARY OF STATE OCTOBER 9, 2013
APPROVED BY GOVERNOR OCTOBER 9, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY MAY 29, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Garcia
FEBRUARY 21, 2013
An act to amend Sections 6206 and 6208.5 of the Government Code,
relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 849, Garcia. Protection of victims: address confidentiality.
Existing law authorizes victims of domestic violence, sexual
assault, or stalking to complete an application in person at a
community-based victims' assistance program to be approved by the
Secretary of State for the purpose 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. Any person who makes a
false statement in an application is guilty of a misdemeanor.
This bill would authorize the application to be completed at a
community-based assistance program that serves victims of elder or
dependent adult abuse, as specified. This bill would also require the
Secretary of State to conduct outreach activities to identify and
recruit state and local agencies and nonprofit agencies that provide
counseling and shelter services to victims, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6206 of the Government Code 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 action brought by any 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) Applications shall be filed with the office of the Secretary
of State.
(c) 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) 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) 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.
SEC. 2. Section 6208.5 of the Government Code is amended to read:
6208.5. The Secretary of State shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter
services to victims of domestic violence, sexual assault, or
stalking, as well as agencies that serve 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) to assist
victims of domestic violence, sexual assault, or stalking applying to
be program participants. The Secretary of State shall conduct
outreach activities to identify and recruit the agencies. Any
assistance and counseling rendered by the office of the Secretary of
State or its designees to applicants shall in no way be construed as
legal advice.
