Bill Text: IN HB1219 | 2013 | Regular Session | Enrolled
Bill Title: Privacy of home addresses.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 106 [HB1219 Detail]
Download: Indiana-2013-HB1219-Enrolled.html
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AN ACT to amend the Indiana Code concerning state and local administration.
Chapter 8.5. Restricted Addresses
Sec. 1. This chapter applies to all units. This chapter applies after June 30, 2014.
Sec. 2. As used in this chapter, "covered person" means:
(1) a judge;
(2) a law enforcement officer; or
(3) a victim of domestic violence;
who submits a written request to have the person's home address restricted from disclosure under this chapter.
Sec. 3. As used in this chapter, "judge" means an individual who is employed or was formerly employed as a judge of the supreme court, court of appeals, tax court, circuit court, superior court, municipal court, county court, or small claims court.
Sec. 4. As used in this chapter, "law enforcement officer" means an individual who is employed or was formerly employed as:
(1) a police officer (including a correctional police officer), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general;
(2) a deputy of any of the persons specified in subdivision (1);
(3) an investigator for a prosecuting attorney or for the inspector general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco commission; or
(6) an enforcement officer of the securities division of the office of the secretary of state.
Sec. 5. As used in this chapter, "public property data base web site" means an Internet web site that:
(1) is available to the general public over the Internet;
(2) does not require registration, subscription, or the creation of a user name and password to search the web site; and
(3) connects a covered person's home address to the covered person's name, so that a search of the web site for the covered person's name discloses the covered person's home address.
Sec. 6. As used in this chapter, "victim of domestic violence" means a victim of domestic violence who is certified as a program participant in the address confidentiality program established by the attorney general under IC 5-26.5-2.
Sec. 7. (a) A unit that operates a public property data base web site, directly or through a third party, may establish a process to prevent a member of the general public from gaining access to the home address of a covered person by means of the public property data base web site.
(b) A process established by a unit under subsection (a) must meet the requirements of this chapter.
Sec. 8. A covered person who wants to restrict access to the covered person's home address by means of the public property data base web site must submit a written request to the unit. As part of the process developed by the unit under section 7 of this chapter, the unit may:
(1) determine the form of the written request;
(2) specify any information or verification required by the unit to process the request; and
(3) charge a covered person a reasonable fee to make a written request under this section.
Sec. 9. (a) This section applies to a covered person who has
submitted a written request under section 8 of this chapter.
(b) A unit shall restrict access to the home address of a covered
person until the covered person submits a written request to the
unit to allow public access to the person's home address on the
public property data base web site. As part of the process
developed by the unit under section 7 of this chapter, the unit may:
(1) determine the form of the written request;
(2) specify any information or verification required by the
unit to process the request; and
(3) charge a covered person a reasonable fee to make a
written request under this section.
Sec. 10. (a) This section applies to a covered person who:
(1) after submitting a written request under section 8 of this
chapter, obtains a change of name under IC 34-28-2; and
(2) notifies the unit in writing of the name change.
(b) The unit shall prevent a search by the general public of the
public property data base web site from disclosing or otherwise
associating the covered person's home address with the covered
person's former name and new name. The unit may charge a
reasonable fee to process a name change under this section.
Sec. 11. A written request, notification of name change, or any
other information submitted to the unit by a covered person under
this chapter is confidential under IC 5-14-3-4(a).
Sec. 12. A unit may not be held civilly liable for failure to timely
restrict disclosure of an address under this chapter unless the
unit's act or omission constitutes gross negligence or willful or
wanton misconduct.
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