Bill Text: MI HB5654 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crime victims; other; address confidentiality program for victims of domestic violence crimes; create. Creates new act.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-10-02 - Recommendation Concurred In [HB5654 Detail]
Download: Michigan-2013-HB5654-Introduced.html
HOUSE BILL No. 5654
June 11, 2014, Introduced by Reps. Hovey-Wright, Barnett, Slavens, Singh, Roberts, Knezek and Oakes and referred to the Committee on Judiciary.
A bill to create the address confidentiality program; to
provide certain protections for victims of domestic abuse, sexual
assault, stalking, or human trafficking; and to prescribe duties
and responsibilities of certain state departments and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Address" means a residential street address, a school
address, or a work address of an individual as specified on an
individual's application to be a program participant.
(b) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(c) "Human trafficking" means a violation of chapter LXVIIA of
the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462j.
(d) "Incapacitated individual" means that term as defined in
section 1105 of the estates and protected individuals code, 1998 PA
386, MCL 700.1105.
(e) "Minor" means an individual under the age of 18 years.
(f) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes
a valid foreign protection order.
(g) "Program participant" means an individual certified as a
program participant under section 5.
(h) "Sexual assault" means assault with intent to commit
criminal sexual conduct.
(i) "Stalking" means that term as defined in section 411h or
411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
Sec. 3. The following individuals may apply to the department
of attorney general to have an address designated by the attorney
general serve as the individual's address or as the address of a
minor or an incapacitated individual:
(a) An individual who is at least 18 years of age.
(b) A parent or guardian acting on behalf of a minor.
(c) A guardian acting on behalf of an incapacitated
individual.
(d) A minor who has been emancipated under 1968 PA 293, MCL
722.1 to 722.6.
Sec. 5. (1) The department of attorney general shall approve
an application filed in the manner and on a form prescribed by the
department of attorney general if the application contains all of
the following:
(a) A sworn statement by the applicant that the applicant has
good reason to believe that he or she, or a minor or an
incapacitated individual on whose behalf the application is made,
is a victim of domestic violence, sexual assault, stalking, or
human trafficking and the applicant fears for his or her safety or
the safety of a minor or an incapacitated individual on whose
behalf the application is made.
(b) A copy of a valid personal protection order issued on
behalf of the applicant, the minor, or the incapacitated individual
on whose behalf the application is made.
(c) A designation of the department of attorney general as an
applicant's agent for the purpose of service of process and receipt
of mail.
(d) The mailing address and telephone number where the
applicant may be contacted by the department of attorney general.
(e) The new address that the applicant requests not be
disclosed because disclosure may increase the risk of domestic
violence, sexual assault, stalking, or human trafficking.
(f) The signature of the applicant and of any representative
of an agency designated under this act that assisted in the
preparation of the application.
(g) The date the applicant signed the application.
(2) Upon approving an application under subsection (1), the
department of attorney general shall certify the applicant as a
program participant.
(3) Except as provided in section 13, the name, address,
telephone number, and any other identifying information relating to
a program participant, as contained in a record created under this
act, is confidential and exempt from disclosure under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) A program participant may use an address designated by the
department of attorney general as the program participant's work
address.
(5) A program participant who is otherwise qualified to vote
may apply to vote as provided in state law using an address
provided by the department of attorney general under this act.
(6) The department of attorney general shall forward first-
class mail belonging to a program participant to the program
participant.
Sec. 7. (1) Certification as a program participant expires 2
years after the date on which the department of attorney general
certifies or renews the certification of the applicant as a program
participant. A program participant may apply to renew the
certification under this act.
(2) The department of attorney general shall notify the
program participant that the certification will expire at least 30
days before the certification expiration date.
(3) The department of attorney general shall approve an
application for renewal of certification filed in the manner and on
a form prescribed by the department of attorney general if the
application contains the requirements set forth in this act. A
program participant who applies for renewal of certification under
this act does not have to provide a copy of a valid personal
protection order.
Sec. 9. A person who knowingly or intentionally falsely
attests in an application made under this act that disclosure of
the applicant's address would endanger the applicant's safety or
the safety of a minor or an incapacitated individual upon whose
behalf the application is made or who provides false or incorrect
information upon making an application under this act is guilty of
perjury. This section applies to an application for certification
under this act and to an application for renewal of certification
under this act.
Sec. 11. (1) A program participant who obtains a change of
name shall provide a copy of the court order changing the program
participant's name to the department of attorney general not more
than 30 days after the court enters the order.
(2) The program participant, and not the department of
attorney general, is responsible for requesting other persons to
use the address designated by the department of attorney general as
the program participant's address.
(3) A program participant may request that any person,
including a state or local agency, use the address designated by
the department of attorney general as the program participant's
address.
Sec. 13. The department of attorney general shall not disclose
for public inspection or copying the name, address, telephone
number, or any other identifying information relating to a program
participant that is declared confidential under this act, as
contained in a record created under this act, except as follows:
(a) When requested by a law enforcement agency, to the law
enforcement agency.
(b) When directed by a court order, to a person identified in
the order.
Sec. 15. (1) The department of attorney general shall
designate state and local agencies and nonprofit agencies that
provide counseling and shelter services to victims of domestic
violence to assist persons in applying to be program participants.
(2) Whenever a state or local department or agency creates a
new public record, that state or local department or agency shall
accept the address designated by the department of attorney general
as a program participant's substitute address unless the department
of attorney general determines that the state or local department
or agency is required by statute or administrative rule to use an
address that would otherwise be confidential under this act.
(3) A state or local department or agency that uses a
confidential address under subsection (2) may use the confidential
address only for the purpose set forth in the statute or
administrative rule identified under subsection (2).
(4) If subsection (2) does not apply and federal law does not
specifically require that the person use an address that otherwise
would be confidential under this act, a person who receives a
request under section 11(2) shall use the address designated by the
department of attorney general as the program participant's
address.
(5) A person who ceases to be a program participant is
responsible for notifying persons who use the address designated by
the department of attorney general as the program participant's
address that the designated address is no longer the person's
address.
(6) Assistance and counseling provided by the department of
attorney general or its designees to applicants under this act is
not legal advice.
Sec. 17. (1) The department of attorney general may revoke a
program participant's certification if the program participant
changes his or her residential address from the address listed on
the application, unless the program participant provides the
department of attorney general with written notice not less than 7
days before the change of address.
(2) The department of attorney general may revoke a program
participant's certification if mail forwarded by the department of
attorney general to the program participant's address is returned
as undeliverable.
(3) The department of attorney general shall revoke a program
participant's certification who has applied to the address
confidentiality program using false information.
(4) Unless the program participant's certification has been
renewed under this act, the department of attorney general shall
revoke a program participant's certification if the department of
attorney general determines that the protective order on which the
certification is based has been terminated or otherwise
invalidated.
Sec. 19. (1) The address confidentiality fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department of attorney general shall be the
administrator of the fund for auditing purposes.
(5) The department of attorney general shall expend money from
the fund, upon appropriation, only for 1 or more of the following
purposes:
(a) Administering the program created under this act.
(b) Fund administration.
Sec. 21. The department of attorney general shall promulgate
rules to implement this act according to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
