Text: HF02411 Text: HF02413 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 1999, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 39. Records received and maintained by 1 4 the secretary of state for the address confidentiality program 1 5 established under section 236.10A. 1 6 Sec. 2. Section 236.3, subsections 1 and 2, Code 1999, are 1 7 amended to read as follows: 1 8 1. Name of the plaintiff and the name and address of the 1 9 plaintiff's attorney, if any. If the plaintiff is proceeding 1 10 pro se, the petition shall state a mailing address for the 1 11 plaintiff. The mailing address may be a designated address 1 12 provided by the secretary of state pursuant to section 1 13 236.10A. 1 14 2. Name and address of the parent or guardian filing the 1 15 petition, if the petition is being filed on behalf of an 1 16 unemancipated minor. For the purposes of this chapter, 1 17 "plaintiff" includes a person filing an action on behalf of an 1 18 unemancipated minor. The address may be a designated address 1 19 provided by the secretary of state pursuant to section 1 20 236.10A. 1 21 Sec. 3. NEW SECTION. 236.10A ADDRESS CONFIDENTIALITY 1 22 PROGRAM. 1 23 1. A person, including a parent or guardian on behalf of 1 24 an unemancipated minor, may apply to the secretary of state to 1 25 have an address designated by the secretary of state serve as 1 26 the address of the person or minor. 1 27 2. The application for a designated address under this 1 28 section shall include all of the following: 1 29 a. A sworn statement by the applicant that the person who 1 30 is applying for the designated address is a victim of domestic 1 31 abuse, and that the safety of the person or the person's 1 32 children is or will be endangered if the address or phone 1 33 number of the person becomes known. For purposes of this 1 34 section, "domestic abuse" means any act included in section 1 35 236.2, subsection 2, including threats of such acts, whether 2 1 or not such acts or threats have been reported to a law 2 2 enforcement officer or whether or not such person has filed 2 3 court documents seeking protection from domestic abuse. 2 4 b. The mailing address and phone numbers where the 2 5 applicant can be contacted by the secretary of state. 2 6 c. A designation of the secretary of state as agent for 2 7 purposes of service of process and receipt of mail. 2 8 d. The signature of the applicant. 2 9 3. A person who makes a false statement in connection with 2 10 an application under this section shall be subject to the 2 11 penalty for perjury. 2 12 4. a. The secretary of state shall certify program 2 13 participants for four years from the date of filing, unless 2 14 certification is withdrawn or invalidated before that date. 2 15 The secretary of state may grant renewals. 2 16 b. The secretary of state shall issue an identification 2 17 card with the person's name and designated address, for use in 2 18 accordance with this section. 2 19 c. The secretary of state shall cancel the certification 2 20 of a program participant under any of the following 2 21 circumstances: 2 22 (1) The program participant obtains a name or address 2 23 change without notice to the secretary of state within thirty 2 24 days of such change. 2 25 (2) If the secretary of state's office is unable to 2 26 forward, or the program participant does not regularly claim 2 27 the mail received by the secretary of state's office on behalf 2 28 of the program participant, as provided by rule. 2 29 (3) If the application was filed using false information. 2 30 5. A program participant may use the designated address 2 31 for filings under this chapter, for employment purposes, for 2 32 applications for services from state and local agencies or 2 33 departments, for voting, and for obtaining utility services. 2 34 The courts, agencies, departments, and businesses shall accept 2 35 the designated address upon proof of the person's 3 1 participation in the program. An identification card issued 3 2 by the secretary of state shall serve as proof of 3 3 participation. 3 4 6. The secretary of state shall not make any records in 3 5 any program participant's file available for public inspection 3 6 or copying, except by court order. 3 7 7. The district court and law enforcement agencies shall 3 8 also notify potential applicants of the existence of the 3 9 program in the following instances: 3 10 a. When a person files a petition seeking relief from 3 11 domestic abuse under this chapter. 3 12 b. When a peace officer has reason to believe that 3 13 domestic abuse has occurred, in accordance with the 3 14 notification provisions of section 236.12. 3 15 8. The secretary of state shall adopt rules to implement 3 16 this program, including a method of conveying materials 3 17 received at the designated address to the program participant 3 18 so that the confidentiality of the program participant's 3 19 location is maintained, and providing materials to shelters 3 20 and other agencies and support groups regarding the 3 21 availability of the program. 3 22 Sec. 4. Section 236.12, subsection 1, paragraph c, 3 23 unnumbered paragraph 8, Code 1999, is amended to read as 3 24 follows: 3 25 The notice shall also contain the telephone numbers of safe 3 26 shelters, support groups, or crisis lines operating in the 3 27 area, and shall contain a brief description of the address 3 28 confidentiality program and information related to applying 3 29 for the program through the secretary of state's office. 3 30 EXPLANATION 3 31 This bill creates new Code section 236.10A, which 3 32 establishes an address confidentiality program for victims of 3 33 domestic abuse. The new section addresses who may apply for 3 34 the program, the application process, use of the designated 3 35 address by program participants, and when participation in the 4 1 program may be canceled. The bill provides penalties for 4 2 providing false information in the application process, and 4 3 provides that the secretary of state shall adopt rules to 4 4 implement the program. 4 5 The bill also provides that the program records are 4 6 confidential and not available for public inspection or 4 7 copying, and makes a related amendment to Code section 22.7 4 8 regarding confidential public records. 4 9 The bill also requires courts and law enforcement to 4 10 provide notice of the program in certain instances, and makes 4 11 a related amendment to Code section 236.12 regarding notice 4 12 provided to victims of domestic abuse. 4 13 The bill specifies in Code section 236.3 that the 4 14 designated address assigned by the secretary of state through 4 15 the program can be used in filings of petitions for relief 4 16 from domestic abuse under Code chapter 236. 4 17 LSB 6299YH 78 4 18 jj/cf/24
Text: HF02411 Text: HF02413 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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