House File 585 - Reprinted HOUSE FILE 585 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 233) (As Amended and Passed by the House March 26, 2015 ) A BILL FOR An Act establishing an address confidentiality program in the 1 office of the secretary of state for a victim of domestic 2 abuse, domestic abuse assault, sexual abuse, stalking, and 3 human trafficking and providing for a fee and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 585 (5) 86 rh/rj/md

H.F. 585 Section 1. NEW SECTION . 9E.1 Purpose. 1 The general assembly finds that individuals attempting to 2 escape from actual or threatened domestic abuse, domestic 3 abuse assault, sexual abuse, stalking, or human trafficking 4 frequently establish new addresses in order to prevent their 5 assailants or probable assailants from finding them. The 6 purpose of this chapter is to enable state and local agencies 7 to respond to requests for data without disclosing the location 8 of a victim of domestic abuse, domestic abuse assault, sexual 9 abuse, stalking, or human trafficking; to enable interagency 10 cooperation with the secretary of state in providing address 11 confidentiality for victims of domestic abuse, domestic abuse 12 assault, sexual abuse, stalking, or human trafficking; and to 13 enable program participants to use an address designated by 14 the secretary of state as a substitute mailing address for 15 the purposes specified in this chapter. In addition, the 16 purpose of this chapter is to prevent such victims from being 17 physically located through a public records search. 18 Sec. 2. NEW SECTION . 9E.2 Definitions. 19 As used in this chapter, unless the context otherwise 20 requires: 21 1. “Address” means a residential street address, school 22 address, or work address of an individual, as specified on the 23 individual’s application to be a program participant under this 24 chapter. 25 2. “Applicant” means an adult, a parent or guardian acting 26 on behalf of an eligible minor, or a guardian acting on behalf 27 of an incapacitated person as defined in section 633.701. 28 3. “Designated address” means the mailing address assigned 29 to a program participant by the secretary. 30 4. “Domestic abuse” means the same as defined in section 31 236.2. 32 5. “Domestic abuse assault” means the same as defined in 33 section 708.2A. 34 6. a. “Eligible person” means a person who is all of the 35 -1- HF 585 (5) 86 rh/rj/md 1/ 10

H.F. 585 following: 1 (1) A resident of this state. 2 (2) An adult, a minor, or an incapacitated person as defined 3 in section 633.701. 4 (3) A victim of domestic abuse, domestic abuse assault, 5 sexual abuse, stalking, or human trafficking as evidenced 6 by the filing of a petition pursuant to section 236.3 or a 7 criminal complaint or information pursuant to section 708.2A, 8 708.11, or 710A.2, or any violation contained in chapter 709. 9 b. For purposes of this subsection, a person determined to 10 be a sexually violent predator pursuant to section 229A.7 or a 11 similar law of another state is not an eligible person. 12 7. “Human trafficking” means a crime described in section 13 710A.2. 14 8. “Mail” means first-class letters and flats delivered 15 via the United States postal service, including priority, 16 express, and certified mail, and excluding packages, 17 parcels, periodicals, and catalogues, unless they are clearly 18 identifiable as pharmaceuticals or clearly indicate that they 19 are sent by a state or county government agency. 20 9. “Program” means the address confidentiality program 21 established in this chapter. 22 10. “Program participant” means an individual certified by 23 the secretary as a program participant under section 9E.3. 24 11. “Secretary” means the secretary of state. 25 12. “Sexual abuse” means a violation of any provision of 26 chapter 709. 27 13. “Stalking” means the same as defined in section 708.11. 28 Sec. 3. NEW SECTION . 9E.3 Address confidentiality program. 29 1. Application. The secretary shall certify an eligible 30 person as a program participant if the secretary receives an 31 application containing all of the following information: 32 a. The full legal name of the eligible person. 33 b. A statement by the applicant that the applicant has good 34 reason to believe any of the following: 35 -2- HF 585 (5) 86 rh/rj/md 2/ 10

H.F. 585 (1) Either of the following: 1 (a) The eligible person listed on the application is a 2 victim of domestic abuse, domestic abuse assault, sexual abuse, 3 stalking, or human trafficking. 4 (b) The eligible person fears for the person’s safety, the 5 safety of another person who resides in the same household as 6 the eligible person, or the safety of persons on whose behalf 7 the application is made. 8 (2) The eligible person is not applying for certification as 9 a program participant in order to avoid prosecution. 10 c. A designation of the secretary as the agent for service 11 of process and for the purpose of receipt of mail. 12 d. The telephone number or telephone numbers where the 13 secretary can contact the applicant or eligible person. 14 e. The residential address of the eligible person, 15 disclosure of which could lead to an increased risk of domestic 16 abuse, domestic abuse assault, sexual abuse, stalking, or human 17 trafficking. 18 f. If mail cannot be delivered to the residential address 19 of the eligible person, the address to which mail can be sent 20 to the eligible person. 21 g. A statement whether the eligible person would like 22 information on becoming an absentee ballot recipient pursuant 23 to section 9E.6. 24 h. A statement from the eligible person that gives 25 the secretary consent to confirm the eligible person’s 26 participation in the program to a third party. 27 i. The signature of the applicant indicating the applicant’s 28 authority to act on behalf of the eligible person, if 29 appropriate. 30 j. The date the application was signed. 31 k. Any other information as required by the secretary 32 pursuant to rule. 33 2. Filing. Applications shall be filed with the secretary. 34 3. Certification. Upon filing a complete application, 35 -3- HF 585 (5) 86 rh/rj/md 3/ 10

H.F. 585 the secretary shall certify the eligible person as a program 1 participant. A program participant shall be certified for four 2 years following the date the application is certified by the 3 secretary unless the certification is canceled, withdrawn, or 4 invalidated. The secretary shall establish by rule a renewal 5 procedure for recertification. 6 4. Changes in information. A program participant or an 7 applicant shall inform the secretary of any changes in the 8 program participant’s information submitted on the application. 9 5. Designated address. The secretary shall assign a 10 designated address to which all mail for a program participant 11 shall be sent. 12 6. Attaining age of majority. An individual who was a minor 13 when the person was certified as a program participant is 14 responsible for changes in information and renewal after the 15 individual reaches the age of eighteen. 16 7. Liability. A governmental body, as defined in section 17 21.2, or an entity created pursuant to chapter 28E, shall not 18 be liable for acts or omissions relating to this chapter. 19 Sec. 4. NEW SECTION . 9E.4 Certification cancellation. 20 1. The secretary may cancel a program participant’s 21 certification under any of the following circumstances: 22 a. The program participant’s legal name or contact 23 information changes, unless the program participant provides 24 the secretary with prior written notice of the name change or 25 contact information. 26 b. Mail forwarded by the secretary to the program 27 participant’s address is returned as undeliverable by the 28 United States postal service. 29 c. The program participant is no longer eligible for the 30 program. 31 d. The program participant does not accept service of 32 process or is unavailable for delivery of service of process as 33 described in section 9E.5, subsection 4. 34 2. The secretary shall cancel a program participant’s 35 -4- HF 585 (5) 86 rh/rj/md 4/ 10

H.F. 585 certification if the program participant’s application contains 1 false information. 2 Sec. 5. NEW SECTION . 9E.5 Use of designated address. 3 1. When a program participant presents the program 4 participant’s designated address to any person, that designated 5 address shall be accepted as the address of the program 6 participant. The person shall not require the program 7 participant to submit any other address that could be used 8 to physically locate the program participant either as a 9 substitute address or in addition to the designated address, 10 or as a condition of receiving a service or benefit, unless 11 the service or benefit would be impossible to provide without 12 knowledge of the program participant’s physical location. 13 2. A program participant may use the designated address as 14 the program participant’s work address. 15 3. The secretary shall forward all mail sent to the 16 designated address to the program participant. 17 4. The office of the secretary of state shall act as agent 18 of the program participant for purposes of service of process. 19 The secretary of state shall forward any service of process 20 received by the office of the secretary of state by certified 21 mail, return receipt requested to the designated address of the 22 program participant within three days of receipt in the office 23 of the secretary of state. A program participant shall either 24 accept or reject service of process and the secretary of state 25 shall notify the person initiating the service of process, 26 unless such person is not ascertainable from the service of 27 process documents, of the date of the program participant’s 28 acceptance or rejection of the service of process. The 29 date of service of the service of process is the date of the 30 participant’s acceptance or rejection. 31 5. If a program participant has notified a person in 32 writing, on a form prescribed by the secretary, that the 33 individual is a program participant and of the requirements 34 of this section, the person shall not knowingly disclose the 35 -5- HF 585 (5) 86 rh/rj/md 5/ 10

H.F. 585 program participant’s address, unless any of the following: 1 a. The person to whom the address is disclosed also lives, 2 works, or goes to school at the address disclosed. 3 b. The program participant has provided written consent to 4 disclosure of the program participant’s name and address for 5 the purpose for which the disclosure will be made. 6 6. This section does not apply to documents or records 7 relating to real property. The secretary shall offer a program 8 participant information relating to the purchase of real 9 property utilizing limited liability companies, trusts, or 10 other legal entities in order to protect the participant’s 11 identity for purposes of this program when purchasing real 12 property. 13 Sec. 6. NEW SECTION . 9E.6 Voting by program participant —— 14 absentee ballot. 15 1. A program participant who is an eligible elector may 16 register to vote with the state commissioner of elections, 17 pursuant to section 48A.8, subsection 1. The name, address, 18 and telephone number of a program participant shall not be 19 listed in the statewide voter registration system. 20 2. a. A program participant who is otherwise eligible 21 to vote may annually register with the state commissioner 22 of elections as an absentee voter. As soon as practicable 23 before each election, the state commissioner of elections shall 24 determine the precinct in which the residential address of the 25 program participant is located and shall request and receive 26 from the county commissioner of elections the ballot for that 27 precinct and shall forward the absentee ballot to the program 28 participant with the other materials for absentee balloting as 29 required of the county commissioner of elections by section 30 53.8. 31 b. The program participant shall complete the ballot and 32 return it to the state commissioner of elections, who shall 33 review the ballot in the manner provided by sections 53.18 34 and 53.19. If the materials comply with the requirements 35 -6- HF 585 (5) 86 rh/rj/md 6/ 10

H.F. 585 of section 53.18, the materials shall be certified by the 1 state commissioner of elections as the ballot of a program 2 participant, and shall be forwarded to the appropriate county 3 commissioner of elections for tabulation by the special voters 4 precinct election board appointed pursuant to section 53.23. 5 c. The state commissioner of elections, to the extent 6 practicable, shall administer this section in accordance with 7 the provisions of chapters 48A and 53 applicable to county 8 commissioners of elections. 9 Sec. 7. NEW SECTION . 9E.7 Confidentiality of information. 10 1. a. Except as otherwise provided in subsection 11 2, information collected, created, or maintained by the 12 secretary related to applicants, eligible persons, and program 13 participants is confidential unless otherwise ordered by a 14 court or released by the lawful custodian of the records 15 pursuant to state or federal law. 16 b. A program participant’s name and address maintained 17 by a local governmental body that is part of an ongoing 18 investigation or inspection of an alleged health code, 19 building code, fire code, or city ordinance violation 20 allegedly committed by the program participant is confidential 21 information. 22 2. Upon request from the department of public safety, 23 the secretary may share confidential information with the 24 department of public safety. Such confidential information 25 received by the department of public safety may be released 26 to a law enforcement agency upon verification that the 27 release will aid the law enforcement agency in responding to 28 an emergency situation, a criminal complaint, or an ongoing 29 investigation. 30 3. This section shall not be construed to prohibit the 31 dissemination of information relating to the program to any 32 agency or organization if necessary for carrying out the 33 official duties of the agency or organization, or to a person 34 if disseminated for an official purpose, or to any other person 35 -7- HF 585 (5) 86 rh/rj/md 7/ 10

H.F. 585 if necessary to protect a person or property from a threat of 1 imminent serious harm. 2 4. If a program participant has notified the program 3 participant’s landlord in writing that the individual is a 4 program participant pursuant to this chapter, a local ordinance 5 or the landlord shall not allow the display of the program 6 participant’s name at an address otherwise protected under this 7 chapter. 8 5. This section shall not be construed to prohibit the 9 enforcement of a lease agreement between a program participant 10 and a program participant’s landlord. 11 Sec. 8. Section 48A.8, subsection 1, Code 2015, is amended 12 to read as follows: 13 1. An eligible elector may request that a voter registration 14 form be mailed to the elector. The completed form may be 15 mailed or delivered by the registrant or the registrant’s 16 designee to the commissioner in the county where the person 17 resides or to the state commissioner of elections for a 18 program participant, as provided in section 9E.6 . A separate 19 voter registration form shall be signed by each individual 20 registrant. 21 Sec. 9. Section 53.2, Code 2015, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 9. A registered voter who is a program 24 participant under section 9E.6 may register to vote as an 25 absentee voter with the state commissioner of elections 26 pursuant to section 9E.6, subsection 2. 27 Sec. 10. Section 252B.9, subsection 3, paragraph i, Code 28 2015, is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (07) The unit receives notification that 30 an individual is a certified program participant as provided 31 in chapter 9E. 32 Sec. 11. Section 252B.9, subsection 3, paragraph i, 33 subparagraph (7), Code 2015, is amended to read as follows: 34 (7) The unit receives notification, as the result of a 35 -8- HF 585 (5) 86 rh/rj/md 8/ 10

H.F. 585 request under section 252B.9A , of the existence of any finding, 1 order, safety plan, certification, or founded allegation 2 referred to in subparagraphs (1) through (6) (07) of this 3 paragraph. 4 Sec. 12. Section 602.8102, subsection 135A, Code 2015, is 5 amended to read as follows: 6 135A. Assess the surcharges provided by sections 911.1 , 7 911.2 , 911.2A , 911.2B, 911.2C, 911.3 , and 911.4 . 8 Sec. 13. Section 602.8108, Code 2015, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 6A. An address confidentiality program 11 fund is established as a separate fund in the state treasury. 12 The clerk of the district court shall remit all moneys 13 collected from the assessment of the surcharges provided in 14 sections 911.2B and 911.2C to the state court administrator 15 for deposit in the fund, which shall be transferred by the 16 treasurer of state on a quarterly basis to the office of 17 the secretary of state to defray the administrative costs 18 associated with the address confidentiality program established 19 in chapter 9E. 20 Sec. 14. NEW SECTION . 911.2B Domestic abuse assault, sexual 21 abuse, stalking, and human trafficking victim surcharge. 22 1. In addition to any other surcharge, the court or clerk 23 of the district court shall assess a domestic abuse assault, 24 sexual abuse, stalking, and human trafficking victim surcharge 25 of one hundred dollars if an adjudication of guilt or a 26 deferred judgment has been entered for a violation of section 27 708.2A, 708.11, or 710A.2, or chapter 709. 28 2. In the event of multiple offenses, the surcharge shall be 29 imposed for each applicable offense. 30 3. The surcharge shall be remitted by the clerk of court as 31 provided in section 602.8108, subsection 6A. 32 Sec. 15. NEW SECTION . 911.2C Domestic abuse protective 33 order contempt surcharge. 34 1. In addition to any other surcharge, the court or clerk 35 -9- HF 585 (5) 86 rh/rj/md 9/ 10

H.F. 585 of the district court shall assess a domestic abuse protective 1 order contempt surcharge of fifty dollars against a defendant 2 who is held in contempt of court for violating a domestic abuse 3 protective order issued pursuant to chapter 236. 4 2. In the event of multiple violations, the surcharge shall 5 be imposed for each applicable violation. 6 3. The surcharge shall be remitted by the clerk of court as 7 provided in section 602.8108, subsection 6A. 8 Sec. 16. EFFECTIVE DATE. Except for the sections of this 9 Act amending sections 602.8102 and 602.8108 and enacting 10 sections 911.2B and 911.2C, imposing a domestic abuse assault, 11 sexual abuse, stalking, and human trafficking victim surcharge 12 and a domestic abuse protective order contempt surcharge, this 13 Act takes effect January 1, 2016. 14 -10- HF 585 (5) 86 rh/rj/md 10/ 10