Chapter 298
2010 -- S 2558
Enacted 06/25/10
A N A C T
RELATING TO
ELECTIONS - ADDRESS CONFIDENTIALITY OF DOMESTIC VIOLENCE VICTIMS
Introduced
By: Senators
Date Introduced: February 11, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Section 17-28-2 and 17-28-3 of the General Laws
in Chapter 17-28 entitled
"Address
Confidentiality for Victims of Domestic Violence" are
hereby amended to read as
follows:
17-28-2.
Definitions. -- Unless the context clearly
requires otherwise, the definitions in
this section apply throughout this chapter.
(a) "Address"
means a residential street address, of an individual, as specified on the
individual's application to be a program participant under this
chapter.
(b) "Program
participant" means a person certified as a program participant under
section
17-28-3.
(c) "Victim of
domestic violence" means an individual who has a restraining order issued
by the family, superior, or district court pursuant to
sections 15-15-1, 15-15-9, or 8-8.1-3 or a
domestic violence no contact order issued by the superior or
district court pursuant to section 12-
29-4 or a restraining order or no contact order issued
by a court in another state for their
protection and any individual living within the same household
as the recipient of the restraining
order or no contact order.
17-28-3. Address
confidentiality program -- Application -- Certification. -- (a) An
adult person who is a victim of domestic violence and any
member of his/her household may
apply to the secretary of state to have an address
designated by the secretary of state serve as the
person's address. 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:
(1) A sworn statement
by the applicant:
(i)
That the applicant is a victim of domestic violence, as defined in section
17-28-2(c) of
this chapter;
(ii) That the applicant
fears for his or her safety or his or her children's safety, or;
(iii) That the
applicant resides in the same household as a victim of domestic violence, as
defined in subsection 17-28-2(c); and
(iv)
That the individual who committed the domestic violence has knowledge
that the
applicant lives in the same household as the victim of domestic
violence, as defined in subsection
17-28-2(c).
(2) 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;
(3) The new address or
addresses that the applicant requests not be disclosed for the
reason that disclosure will increase the risk of domestic violence;
(4) The signature of
the applicant, and of any individual or representative of any office
designated in writing under section 17-28-6 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 (4) years following the
date of filing unless the certification is withdrawn or
invalidated before that date. The secretary of
state shall establish by rule a renewal procedure.
(d) 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 who
knowingly provides false or incorrect information upon making
an application, shall be punished
by a fine of not more than five hundred dollars ($500).
SECTION 2. This act shall take effect upon passage.
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LC01765
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