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House File 2412

Partial Bill History

Bill Text

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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