Print Friendly HOUSE BILL NO. 172 – Victims of violence, confidential
HOUSE BILL NO. 172
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H0172................................by JUDICIARY, RULES AND ADMINISTRATION
VICTIMS OF VIOLENCE - CONFIDENTIALITY - Adds to existing law relating to
address confidentiality for victims of violence to provide a procedure for
an address confidentiality program; to provide penalty provisions relating
to falsely attested applications; to provide for certification
cancellation; to provide for use of designated addresses; to prohibit the
disclosure of records; and to provide exceptions.
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]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 172
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE; AMENDING TITLE
3 19, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 57, TITLE 19, IDAHO CODE,
4 TO PROVIDE A PURPOSE, TO DEFINE TERMS, TO PROVIDE FOR JUDICIAL AUTHORIZA-
5 TION, TO PROVIDE A PROCEDURE FOR AN ADDRESS CONFIDENTIALITY PROGRAM AND TO
6 PROVIDE PENALTY PROVISIONS RELATING TO FALSELY ATTESTED APPLICATIONS, TO
7 PROVIDE FOR CERTIFICATION CANCELLATION, TO PROVIDE FOR USE OF DESIGNATED
8 ADDRESSES, TO PROHIBIT THE DISCLOSURE OF RECORDS AND TO PROVIDE EXCEP-
9 TIONS, AND TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE CERTAIN
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Title 19, Idaho Code, be, and the same is hereby amended
13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
14 ter 57, Title 19, Idaho Code, and to read as follows:
15 CHAPTER 57
16 ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE
17 19-5701. PURPOSE. The legislature finds that persons attempting to escape
18 from actual or threatened domestic violence, sexual assault or malicious
19 harassment frequently establish new addresses in order to prevent their
20 assailants or probable assailants from finding them. The purpose of this chap-
21 ter is to enable state and local agencies to respond to requests for public
22 records without disclosing the location of a victim of domestic violence, sex-
23 ual assault or stalking, to enable interagency cooperation with the secretary
24 of state in providing address confidentiality for victims of domestic vio-
25 lence, sexual assault or stalking, and to enable state and local agencies to
26 accept a program participant's use of an address designated by the secretary
27 of state as a substitute mailing address.
28 19-5702. DEFINITIONS. Unless the context clearly requires otherwise, for
29 purposes of this chapter the following terms have the following meanings:
30 (1) "Address" means a residential street address of an individual as
31 specified on the individual's application to be a program participant under
32 this chapter.
33 (2) "Program participant" means:
34 (a) An individual who has obtained an order of protection pursuant to
35 section 39-6306, Idaho Code, after a hearing for which the defendant in
36 the proceeding received notice;
37 (b) An individual who has an order signed by a judge providing that the
38 person is a victim of a crime and that there is reason to believe that the
39 person is entitled to participate in the address confidentiality program
40 to avoid further victimization; or
41 (c) An individual who has obtained a certification from a prosecutor
1 stating that the individual is the victim of a crime in which the defend-
2 ant has been charged pursuant to section 18-918, 18-1506, 18-1508,
3 18-1508A, 18-6101, 18-7902, 18-7905 or 18-7906, Idaho Code, or in which
4 the defendant is charged with attempt to commit any of the foregoing
6 19-5703. JUDICIAL AUTHORIZATION. Any judge of this state may grant an
7 application providing for participation in the address confidentiality program
8 or may include a provision in any order stating that an individual may partic-
9 ipate in the address confidentiality program. Such a provision must be based
10 on the finding that the person is the victim of a crime and there is reason to
11 believe that address confidentiality is necessary in order to protect the vic-
12 tim from further victimization or harassment resulting from the crime.
13 19-5704. ADDRESS CONFIDENTIALITY PROGRAM -- APPLICATION -- CERTIFICATION.
14 (1) An adult person, a parent or guardian acting on behalf of a minor, or a
15 guardian acting on behalf of an incapacitated person as defined in section
16 15-5-304, Idaho Code, may apply to the secretary of state to have an address
17 designated by the secretary of state serve as the person's address or the
18 address of the minor or incapacitated person. The secretary of state shall
19 approve an application if it is filed in the manner and on the form prescribed
20 by the secretary of state and if it contains:
21 (a) A sworn statement by the applicant that the applicant has good reason
22 to believe:
23 (i) That the applicant, or the minor or incapacitated person on
24 whose behalf the application is made, is a victim of domestic vio-
25 lence, stalking, rape or malicious harassment, or any other crime
26 listed in section 19-5702(2)(c), Idaho Code; and
27 (ii) That the applicant fears for his or her safety or his or her
28 children's safety, or the safety of the minor or incapacitated person
29 on whose behalf the application is made.
30 (b) A certified copy of a domestic protection order issued pursuant to
31 section 39-6306, Idaho Code, a certified copy of a court order issued by a
32 court of this state providing that the applicant may participate in the
33 address confidentiality program as provided in subsection (2)(b) of sec-
34 tion 19-5702, Idaho Code, or a certified statement from a prosecutor stat-
35 ing that the individual is a victim of crime as provided in subsection
36 (2)(c) of section 19-5702, Idaho Code.
37 (c) A designation of the secretary of state as agent for purposes of ser-
38 vice of process and for the purpose of receipt of mail.
39 (d) The mailing address where the applicant can be contacted by the sec-
40 retary of state, and the telephone number or numbers where the applicant
41 can be called by the secretary of state.
42 (e) The address or addresses that the applicant requests not be dis-
44 (2) Applications shall be filed with the office of the secretary of
46 (3) Upon filing a properly completed application, the secretary of state
47 shall certify the applicant as a program participant. Applicants shall be cer-
48 tified for four (4) years following the date of filing unless the certifica-
49 tion is withdrawn or invalidated before that date. The application may be
50 renewed at the end of four (4) years.
51 (4) A person who falsely attests in an application that disclosure of the
52 applicant's address would endanger the applicant's safety or the safety of the
53 applicant's children, or the minor or incapacitated person on whose behalf the
1 application is made, or who knowingly provides false or incorrect information
2 upon making an application, shall be punishable under section 18-5414, Idaho
3 Code, or other applicable statutes.
4 19-5705. CERTIFICATION CANCELLATION. (1) The secretary of state may can-
5 cel a program participant's certification if there is a change in the name or
6 residential address from that listed on the application, unless the program
7 participant provides the secretary of state with seven (7) days' prior notice
8 of the change of name or address.
9 (2) The secretary of state may cancel certification of a program partici-
10 pant if mail forwarded by the secretary to the program participant's address
11 is returned as nondeliverable.
12 (3) The secretary of state may cancel certification of a program partici-
13 pant who applies using false information.
14 19-5706. USE OF DESIGNATED ADDRESS. (1) A program participant may request
15 that state and local agencies use the address designated by the secretary of
16 state as his or her address. When creating a new public record, state and
17 local agencies shall accept the address designated by the secretary of state
18 as a program participant's substitute address, unless the secretary of state
19 has determined that:
20 (a) The agency has a bona fide statutory or administrative requirement
21 for the use of a program participant's address which would otherwise be
22 confidential under this chapter;
23 (b) The program participant's address will be used only for those statu-
24 tory and administrative purposes; and
25 (c) The agency takes reasonable precautions to protect the confidential-
26 ity of the program participant.
27 (2) A program participant may use the address designated by the secretary
28 of state as his or her work address.
29 (3) The office of the secretary of state shall forward all first class
30 mail to the appropriate program participant.
31 19-5707. DISCLOSURE OF RECORDS PROHIBITED -- EXCEPTIONS. Notwithstanding
32 any other provision of state law, the secretary of state may not make any
33 records in a program participant's file available for inspection or copying,
34 other than the address designated by the secretary of state, except under the
35 following circumstances:
36 (1) If requested by a law enforcement agency, to the law enforcement
37 agency; or
38 (2) If directed by a court order, to a person identified in the order.
39 19-5708. ADOPTION OF RULES. The secretary of state may adopt rules to
40 facilitate the administration of this chapter by state and local agencies.
STATEMENT OF PURPOSE
This legislation relates to address confidentiality for victims of
violence; amending Title 19, Idaho Code, by the addition of a new
Chapter 57, Title 19, Idaho Code, to provide a purpose, to define
terms, to provide for judicial authorization, to provide a
procedure for an address confidentiality program and to provide
penalty provisions relating to falsely attested applications, to
provide for certification cancellation, to provide for use of
designated addresses, to prohibit the disclosure of records and to
provide exceptions, and to authorize the Secretary of State to
promulgate certain rules.
There will be a fiscal impact of about $50,000 on the General Fund
to support this effort from the Secretary of States Office.
Name: Representative Shirley Ringo
Phone: (208) 332-1000
Representative Tom Trail
STATEMENT OF PURPOSE/FISCAL NOTE H 172