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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