Bill Text: CA SB1311 | 2019-2020 | Regular Session | Introduced
Bill Title: Victim confidentiality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-05 - Referred to Com. on JUD. [SB1311 Detail]
Download: California-2019-SB1311-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1311
| Introduced by Senator Jackson |
February 21, 2020 |
An act to amend Sections 6206, 6206.7, and 6208 of the Government Code, relating to victim confidentiality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1311, as introduced, Jackson.
Victim confidentiality.
Existing law authorizes victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions.
Existing law requires the secretary to approve an application if it contains specified statements and evidence, including a designation of the secretary as agent for purposes of service of process. Existing law requires service on the secretary of any summons, writ, notice, demand, or process to be made by delivering to the address
confidentiality program personnel of the secretary’s office 2 copies of those documents.
This bill would require service on the secretary to be made by delivering one copy instead of 2.
Existing law requires the secretary, within 10 days after certifying an application, to notify the other parent or parents of the participant’s minor child or children, as specified, of the designation of the secretary as agent for purposes of service of process and, unless there is a court order prohibiting contact, the address designated by the secretary for the program participant.
This bill would require the secretary to provide the above-described notification unless there is a court order that prohibits contact between the other parent or parents and the minor child or children or the participant.
Existing law authorizes the secretary to terminate a
program participant’s certification and invalidate their authorization card for specified reasons, including if the secretary has determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.
This bill would instead authorize termination if the secretary is informed that another state agency made that determination.
Existing law requires the secretary to notify in writing authorized personnel of the appropriate county clerk’s office, county recording office, and state and local agencies of the program participant’s certification withdrawal, invalidation, expiration, or termination.
This bill would instead require the secretary to cooperate with authorized personnel of the appropriate
county clerk’s office, county recording office, and state and local agencies to verify the program participant’s certification withdrawal, invalidation, expiration, or termination.
Existing law prohibits the secretary from making a program participant’s address, other than the address designated by the secretary, or a program participant’s name change available for inspection or copying, except as provided, including if requested by a law enforcement agency, to the law enforcement agency, and if directed by a court order, to a person identified in the order.
This bill would delete the exception for a request made by a law enforcement agency and would instead provide an exception if directed by court order, to a person identified in the order, regardless of whether the person identified in the order is affiliated with a law enforcement agency.
This bill would also make various
nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6206 of the Government Code is amended to read:6206.
(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant shall meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:(1) A sworn statement by the applicant that the applicant has good reason to believe both of the following:
(A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime which provided the basis for that victim’s application.
(B) That the applicant fears for his or her
their
safety, the safety of his or her their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made.
(2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, the application may be accompanied by evidence including, but not limited to, any of the following:
(A) Police, court, or other government agency records or files.
(B) Documentation
from a domestic violence or sexual assault program if the person is alleged to be a victim of domestic violence, sexual assault, stalking, or human trafficking.
(C) Documentation from a legal, clerical, medical, or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse.
(D) Any other evidence that supports the sworn statement, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse.
(3) If the basis for the application is that the
applicant, or the minor or incapacitated person on whose behalf the application is made, is a household member of a person described in paragraph (2), the application shall include the name of that person and evidence that the applicant is a household member.
(4) The name and last known address of the applicant’s minor child or children, the name and last known address of the other parent or parents of the minor child or children of the applicant, and all court orders related to the minor child or children of the applicant, and legal counsel of record in those cases.
(5) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the
address confidentiality program personnel of the office of the Secretary of State two copies one copy of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary
of State under this section and shall record the time of that service and the Secretary of State’s action.
(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(6) The mailing address where the applicant can be contacted by the Secretary of State, and the phone number or numbers where the applicant can be called by the Secretary of State.
(7) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse.
(8) The signature of the applicant and of any individual or representative of any office designated in writing under Section 6208.5 who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b) Applications shall be filed with the office of the Secretary of State.
(c) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age during his or her
their enrollment, may renew as an adult following the renewal procedures established by the Secretary of State.
(d) Upon certification, the Secretary of State shall, within 10 days, notify the other parent or parents identified pursuant to paragraph (4) of subdivision (a) of the designation of the Secretary of State as agent for purposes of service of process and, unless there is a court order prohibiting contact,
contact between the other parent or parents and the minor child or children or the participant, the address designated by the Secretary of State for the program participant. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent to be notified. A copy shall also be sent to that parent’s counsel of record, if provided to the Secretary of State by the applicant.
(e) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s children or household members, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
SEC. 2.
Section 6206.7 of the Government Code is amended to read:6206.7.
(a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and(b) The Secretary of State may terminate a program participant’s certification and invalidate his or her their
authorization card for any of the following reasons:
(1) The program participant’s certification term has expired and certification renewal has not been completed.
(2) The Secretary of State has been informed that another state agency determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.
(3) The program participant no longer resides at the most recent residential address provided to the Secretary of State, and has not provided at least seven days’ prior notice in writing of a change in address.
(4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable.
(5) The program participant obtains a legal name change and fails to notify the Secretary of State within seven days.
(6) The program participant, who reaches 18 years of age during his or her their certification term, has not renewed his or her their certification within 60 days of him or her
reaching 18 years of age.
(c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person has abandoned his or her that person’s domicile in this state.
(d) If intended termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 days in which to appeal the intended termination under procedures developed by the Secretary of State.
(e) The
Secretary of State shall notify in writing the county elections official and of the program participant’s certification withdrawal, invalidation, expiration, or termination. The Secretary of State shall cooperate with authorized personnel of the appropriate county clerk’s office, county recording office, and state and local agencies of to verify the program participant’s certification withdrawal, invalidation, expiration, or termination.
(f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate
administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record.
(g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.
SEC. 3.
Section 6208 of the Government Code is amended to read:6208.
The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, or a program participant’s name change available for inspection or copying, except under(a)If requested by a law enforcement agency, to the law enforcement agency.
(b)
(a) If directed by a court order, to a person identified in the order. order, regardless of whether the person identified in the order is affiliated with a law enforcement agency.
(c)
(b) If certification has been terminated as a result of paragraph (2) of subdivision (b) of Section
6206.7.
