H.F. 2074 Section 1. Section 9E.7, subsection 1, paragraph a, Code 1 2016, is amended to read as follows: 2 a. Except as otherwise provided in subsection 2 and in 3 section 9E.8 , information collected, created, or maintained 4 by the secretary related to applicants, eligible persons, and 5 program participants is confidential unless otherwise ordered 6 by a court or released by the lawful custodian of the records 7 pursuant to state or federal law. 8 Sec. 2. NEW SECTION . 9E.8 Disclosure of program participant 9 address in legal proceedings —— protective order. 10 1. If a program participant’s address is protected under 11 section 9E.5, a person shall not be compelled to disclose the 12 program participant’s address during discovery or during a 13 proceeding before a court or other tribunal unless the court or 14 other tribunal finds all of the following: 15 a. A reasonable belief exists that the address is needed to 16 obtain information or evidence without which the investigation, 17 prosecution, or litigation cannot proceed. 18 b. No other practicable means is available of obtaining the 19 information or evidence from any other source. 20 2. The court or other tribunal shall provide the program 21 participant with notice that disclosure of the program 22 participant’s address is sought and provide the program 23 participant an opportunity to present evidence at a hearing 24 regarding the potential harm to the safety of the program 25 participant if the program participant’s address is disclosed. 26 In determining whether to compel disclosure, the court or other 27 tribunal shall consider whether the potential harm to the 28 safety of the program participant is outweighed by the interest 29 in disclosure relating to the investigation, prosecution, or 30 litigation. In a criminal proceeding, the court or other 31 tribunal shall order disclosure of a program participant’s 32 address if protecting the program participant’s address would 33 violate a defendant’s constitutional right to confront a 34 witness. 35 -1- LSB 5261YH (6) 86 rh/rj 1/ 3

H.F. 2074 3. Disclosure of a program participant’s address under 1 this section shall be limited under the terms of the order by 2 the court or other tribunal to ensure that the disclosure and 3 dissemination of the address will be no wider than necessary 4 for the purposes of the investigation, prosecution, or 5 litigation. 6 4. This section does not prevent the court or other 7 tribunal from issuing a protective order to prevent disclosure 8 of information other than the program participant’s address 9 that could reasonably lead to the discovery of the program 10 participant’s location. 11 5. This section shall apply to a participant in an 12 out-of-state address confidentiality program substantially 13 similar to the address confidentiality program established in 14 this chapter. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the disclosure of an address 19 confidentiality program participant’s address in certain legal 20 proceedings. 21 The address confidentiality program was established in 22 the office of the secretary of state (secretary) for persons 23 who are victims of domestic abuse, domestic abuse assault, 24 sexual abuse, stalking, and human trafficking. Under current 25 law, information collected, created, or maintained by the 26 secretary related to applicants, eligible persons, and 27 program participants in the address confidentiality program is 28 confidential unless otherwise ordered by a court, released by 29 a lawful custodian of records, or under certain circumstances 30 relating to public safety. The secretary assigns program 31 participants a designated address (a post office box) to which 32 all mail for a program participant is sent. “Address” means a 33 residential street address, school address, or work address of 34 an individual, as specified on the individual’s application to 35 -2- LSB 5261YH (6) 86 rh/rj 2/ 3

H.F. 2074 be a program participant. 1 The bill provides a person shall not be compelled to disclose 2 a program participant’s address during discovery or during 3 a proceeding before a court or other tribunal unless the 4 court or other tribunal finds there is a reasonable belief 5 that the address is needed to obtain information or evidence 6 without which the investigation, prosecution, or litigation 7 cannot proceed and there is no other practicable means of 8 obtaining the information or evidence. The court shall notify 9 the program participant that the disclosure of the program 10 participant’s address is sought and provide the program 11 participant an opportunity for a hearing to present evidence 12 regarding the potential harm to the program participant’s 13 safety if the program participant’s address is disclosed. In 14 determining whether to compel disclosure, the court or other 15 tribunal shall consider whether the potential harm to the 16 safety of the program participant is outweighed by the interest 17 in disclosure. In a criminal proceeding, the court or other 18 tribunal shall order disclosure of a program participant’s 19 address if protecting the program participant’s address would 20 violate a defendant’s constitutional right to confront a 21 witness. Disclosure is limited under the terms of the order by 22 the court or other tribunal to ensure that the disclosure and 23 dissemination of the address will be no wider than necessary 24 for the purposes of the investigation, prosecution, or 25 litigation. 26 The bill provides that the court or other tribunal is not 27 prevented from issuing a protective order to prevent disclosure 28 of information other than the program participant’s address 29 that could reasonably lead to the discovery of the program 30 participant’s location. 31 The bill also applies to a participant in an out-of-state 32 address confidentiality program substantially similar to the 33 program established in this Code chapter. 34 -3- LSB 5261YH (6) 86 rh/rj 3/ 3