2016 -- H 8291

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LC006112

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ELECTIONS - ADDRESS CONFIDENTIALITY FOR VICTIMS OF

DOMESTIC VIOLENCE

     

     Introduced By: Representatives Tanzi, Keable, Fogarty, Maldonado, and Marcello

     Date Introduced: June 03, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-28-3 of the General Laws in Chapter 17-28 entitled "Address

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Confidentiality for Victims of Domestic Violence" is hereby amended to read as follows:

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     17-28-3. Address confidentiality program -- Application -- Certification. -- (a) An

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adult person who is a victim of domestic violence and any member of his/her household may

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apply to the secretary of state to have an address designated by the secretary of state serve as the

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person's address. The secretary of state shall approve an application if it is filed in the manner and

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on the form prescribed by the secretary of state and if it contains:

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      (1) A sworn statement by the applicant:

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      (i) That the applicant is a victim of domestic violence, as defined in § 17-28-2(c) of this

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chapter;

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      (ii) That the applicant fears for his or her safety or his or her children's safety, or;

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      (iii) That the applicant resides in the same household as a victim of domestic violence, as

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defined in subsection 17-28-2(c); and

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      (iv) That the individual who committed the domestic violence has knowledge that the

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applicant lives in the same household as the victim of domestic violence, as defined in subsection

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17-28-2(c).

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      (2) The mailing address where the applicant can be contacted by the secretary of state,

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and the phone number or numbers where the applicant can be called by the secretary of state;

 

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      (3) The new address or addresses that the applicant requests not be disclosed for the

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reason that disclosure will increase the risk of domestic violence;

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      (4) The signature of the applicant, and of any individual or representative of any office

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designated in writing under § 17-28-6 who assisted in the preparation of the application, and the

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date on which the applicant signed the application.

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      (b) Applications shall be filed with the office of the secretary of state.

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     (c) Upon filing a properly completed application, the secretary of state shall certify the

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applicant as a program participant. Applicants shall be remain certified, for four (4) years

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following the date of filing unless the certification is withdrawn by the applicant or invalidated by

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the secretary of state before that date. The secretary of state shall establish by rule a renewal

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procedure.

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      (d) A person who falsely attests in an application that disclosure of the applicant's

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address would endanger the applicant's safety or the safety of the applicant's children, or who

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knowingly provides false or incorrect information upon making an application, shall be punished

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by a fine of not more than five hundred dollars ($500).

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - ADDRESS CONFIDENTIALITY FOR VICTIMS OF

DOMESTIC VIOLENCE

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     This act would allow victims of domestic violence to have their addresses remain

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confidential unless the certification is withdrawn by the applicant or invalidated by the secretary

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of state.

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     This act would take effect upon passage.

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