2022 -- S 2659 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADDRESS CONFIDENTIALITY

PROGRAM

     

     Introduced By: Senators Euer, Coyne, DiMario, Miller, and Valverde

     Date Introduced: March 10, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 162

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ADDRESS CONFIDENTIALITY PROGRAM

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     42-162-1. Short title.

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     This chapter shall be known and may be cited as the "Address Confidentiality Program

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Act."

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     42-162-2. Definitions.

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     As used in this chapter:

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     (1) "Abuse" means an act or failure to act that presents an imminent risk of serious harm

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to an individual and, for purposes of this chapter includes, but is not limited to, any of the following

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crimes, regardless of whether these acts or threats have been reported to law enforcement officers:

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     (i) Child abuse (§ 11-9-5.3);

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     (ii) Child molestation (§§ 11-37-8.1 and 11-37-8.3);

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     (iii) Domestic violence (subsection (3) of this section);

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     (iv) Enticement of children (§ 11-26-1.5);

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     (v) Indecent solicitation of a child (§ 11-37-8.8);

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     (vi) Kidnapping (§§ 11-26-1 and 11-26-1.4);

 

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     (vii) Sexual assault (chapter 37 of title 11);

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     (viii) Stalking (§ 11-59-2);

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     (ix) Strangulation (§ 11-5-2.3); and

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     (x) Trafficking (chapter 67.1 of title 11).

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     (2) "Actual address" means the physical location where the applicant resides, as specified

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on the individual's application to be a program participant under this chapter.

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     (3) "Agency" means any subdivision of the State of Rhode Island, a municipality, or a

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subdivision of a municipality.

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     (4) "Domestic violence" for purposes of this chapter, includes, but is not limited to, any of

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the following crimes when committed by one family or household member against another,

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regardless of whether these acts or threats have been reported to law enforcement officers:

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     (i) Simple assault (§ 11-5-3);

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     (ii) Felony assaults (chapter 5 of title 11);

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     (iii) Vandalism (§ 11-44-1);

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     (iv) Disorderly conduct (§ 11-45-1);

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     (v) Trespass (§ 11-44-26);

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     (vi) Kidnapping (§ 11-26-1);

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     (vii) Child-snatching (§ 11-26-1.1);

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     (viii) Sexual assault (§§ 11-37-2 and 11-37-4);

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     (ix) Homicide (§§ 11-23-1 and 11-23-3);

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     (x) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter

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15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the

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penalty for its violation, or a violation of a no contact order issued pursuant to § 12- 29-4;

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     (xi) Stalking (chapter 59 of title 11);

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     (xii) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);

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     (xiii) Burglary and Unlawful Entry (chapter 8 of title 11);

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     (xiv) Arson (chapter 4 of title 11);

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     (xv) Cyberstalking and cyberharassment (§ 11-52-4.2);

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     (xvi) Domestic assault by strangulation (§ 11-5-2.3);

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     (xvii) Electronic tracking of motor vehicles (§ 11-69-1); or

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     (xviii) Abuse (subsection (1) of this section).

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     (5) "Family or household member" means current or former intimate partners, spouses,

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former spouses, persons related by blood or marriage, persons who are presently residing together

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or who have resided together in the past three (3) years, and persons who have a child in common

 

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regardless of whether they have been married or have lived together, or persons who are, or have

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been, in a dating or engagement relationship within the past year.

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     (6) "Law enforcement agency" means the department of public safety, the Rhode Island

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state police, a municipal police department, a sheriff's department, the attorney general's office, and

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shall also mean the department of children, youth, and families when engaged in the investigation

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of child abuse and neglect.

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     (7) "Law enforcement purposes" means all matters relating to:

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     (i) The prevention, investigation, prosecution, or adjudication of criminal offenses, civil

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matters, or juvenile matters;

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     (ii) The investigation, prosecution, adjudication, detention, supervision, or correction of

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persons suspected, charged, or convicted of criminal offenses or juvenile delinquencies;

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     (iii) The protection of the general health, welfare, and safety of the public or the State of

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Rhode Island;

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     (iv) The execution and enforcement of court orders;

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     (v) Service of criminal or civil process or court orders;

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     (vi) Screening for criminal justice employment;

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     (viii) Other actions taken in performance of official duties, as set forth by statutes, rules,

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policies, judicial case law, and the U.S. and Rhode Island Constitutions; and

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     (viii) Criminal identification activities, including the collection, storage, and dissemination

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of criminal history records, sex offender registry information, and DNA material and information.

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     (8) "Public record" means a public record as defined in § 38-2-2 ("public records").

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     (9) "Secretary" means the Rhode Island secretary of state.

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     (10) "Substitute address" means the secretary's designated address for the address

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confidentiality program.

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     42-162-3. Address confidentiality program.

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     (a) Pursuant to the provisions of subsection (b) of this section, a person may apply to the

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secretary of state to have an address designated by the secretary to serve as the person's substitute

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address. Upon receipt by the secretary of a mail or process for a participant, the office of the

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secretary shall immediately forward all such mail or process to the appropriate program participants

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at the address specified by the participant for that purpose, and shall record the date of such

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forwarding.

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     (b) The secretary of state shall approve an application if it is filed on the form prescribed

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by the secretary of state, signed and dated, containing the following:

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     (1) The applicant's statement made under oath, under penalty of perjury, that:

 

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     (i) The applicant is a victim of domestic violence or abuse;

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     (ii) The applicant fears for their safety or their children's or ward's safety;

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     (iii) The applicant resides or will reside at a location in this state that is not known by the

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person who committed domestic violence or abuse, or threatens the applicant or the applicant's

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child or ward with domestic violence or abuse; and

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     (iv) The applicant will not disclose their actual address to the person who committed

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domestic violence or abuse or threatens the applicant or the applicant's child or ward with domestic

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violence or abuse.

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     (2) The actual address that the applicant requests not be disclosed for the reason that

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disclosure will increase the risk of domestic violence or abuse.

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     (3) If different than the actual address, the preferred mailing address where the applicant

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can be contacted by the secretary; and the telephone number or numbers where the applicant can

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be called by the secretary; and, if available, the applicant's email address; and

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     (4) A designation of the secretary as agent for purposes of service of process and for the

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purpose of receipt of mail, with a signed acknowledgement of the following:

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     (i) The applicant acknowledges that acceptance into the address confidentiality program

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does not relieve the applicant of any legal responsibility, including, without limitation, court

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summonses, subpoenas, divorce or child custody orders, and arrest warrants.

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     (ii) The applicant acknowledges that failure to promptly notify the secretary of changes to

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the applicant's contact information, including address, email address and telephone number, may

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cause a delay in the applicant's receipt of legal documents, including notices of upcoming court

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hearings for divorce, child custody, or criminal matters, which may result in negative legal

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ramifications for the applicant, including, without limitation, a default for failure to respond.

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     (c) A parent, or legal guardian acting on behalf of a minor or an incapacitated person may

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submit an application if the parent or legal guardian states under oath, under penalty of perjury, that

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the parent or legal guardian has legal authority to act on the minor's or incapacitated person's behalf.

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     (d) The application shall include a place for the applicant to identify any state, federal, or

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local agency that employs a person who committed an act of abuse or domestic violence against

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the applicant or the applicant's child or ward.

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     (e) Upon receipt of a properly completed application, the secretary shall certify the

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applicant as a program participant. Applicants shall be certified for five (5) years following the date

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of filing, at which time the applicant may apply for renewal.

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     (f) Once certified, the program participant may use the address designated by the secretary

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as their home and work address.

 

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     (g) A program participant shall notify the secretary of state of any name change and of any

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change in actual address as soon as possible and within no more than thirty (30) days of the change.

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     (h) Service of process on a program participant, a program participant's minor child,

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incapacitated person or other adult member of the program participant's household shall be

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complete when the secretary receives such process by mail or otherwise.

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     (i) If a summons, writ, notice, demand, or process is served on the secretary, the secretary

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shall immediately cause a copy to be forwarded to the program participant at the address shown on

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the records of the address confidentiality program in order that the summons, writ, notice, demand,

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or process is received by the program participant within three (3) days of the secretary having

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received it.

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     42-162-4. Certification cancellation.

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     (a) The secretary shall cancel certification of a program participant who applies using false

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information.

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     (b) The secretary of state may cancel a program participant's certification for any of the

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following reasons:

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     (1) The program participant does not notify the secretary that he or she has obtained a name

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change; provided, the program participant may reapply under their new name;

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     (2) The program participant fails to notify the secretary of state of a change in actual or

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mailing address; or

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     (3) Mail forwarded to the program participant's address is returned as nondeliverable;

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provided that, before terminating a program participant's certification due to nondeliverable mail,

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the program shall attempt to contact the participant by telephone and email to resolve the mail

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delivery and address issue.

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     (c) The secretary of state shall send a notice of cancellation to the program participant,

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setting forth the reasons for cancellation, and attempt to notify the participant by telephone and

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email. The program participant shall have sixty (60) days to appeal the cancellation decision.

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     (d) Program participants may withdraw from the program with written notice to the

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secretary.

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     42-162-5. Agency acceptance of designated address -- Waiver.

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     (a) A program participant may request that state and local agencies use the substitute

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address. When creating, modifying or maintaining a public record, state and local agencies shall

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accept the substitute address when the program participant provides documentation of certification

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in the program.

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     (b) An agency may request the secretary of state waive the application of subsection (a) of

 

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this section, upon showing:

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     (1) The agency has a bona fide statutory or administrative requirement for the use of the

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participant's actual address which would otherwise be confidential under this chapter; and

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     (2) The agency has explained how its acceptance of the substitute address will prevent the

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agency from meeting its obligations under the law and why it cannot meet its statutory or

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administrative obligation by a change in its internal procedures.

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     (c) Any agency receiving a waiver shall maintain the confidentiality of the program

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participant's address by redacting the actual address when the record is released to any person and

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shall not make the program participant's actual address available for inspection or copying, except

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under the following circumstances:

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     (1) There is a bona fide statutory or administrative requirement for the communication of

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an actual address to another agency that has received a waiver from the secretary of state; provided

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that, each waiver specifically authorizes such communication with the specified agency; or

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     (2) If directed by a court order, to a person identified in the order.

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     42-162-6. Disclosure of address prohibited -- exceptions.

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     (a) The secretary of state may not make a program participant's address, other than

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substitute address, available for inspection or copying, except under the following circumstances:

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     (1) If requested by a law enforcement agency for a law enforcement purpose with an

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accompanying warrant; or

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     (2) If directed by a court order, to a person identified in the order.

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     (b) The secretary of state shall provide immediate notification of disclosure to a program

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participant when disclosure takes place under this section, unless specific language in a warrant or

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court order prohibits it.

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     42-162-7. Nondisclosure of address in criminal and civil proceedings.

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     No person shall be compelled to disclose a program participant's actual address during the

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discovery phase of or during a proceeding before a court of competent jurisdiction or administrative

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tribunal unless the court or administrative tribunal finds, based upon a preponderance of the

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evidence, that the disclosure is required in the interests of justice. A court or administrative tribunal

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may seal that portion of any record that contains a program participant's actual address. Nothing in

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this section shall prevent the state, in its discretion, from using a program participant's actual

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address in any document or record filed with a court or administrative tribunal if, at the time of

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filing, the document or record is not a public record.

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     42-162-8. Assistance for program applicants.

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     The secretary of state shall designate state and local agencies and nonprofit agencies that

 

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provide counseling and shelter services to victims of domestic violence or abuse to assist persons

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applying to be program participants. Any assistance and counseling rendered by the secretary of

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state or designee, to applicants shall in no way be construed as legal advice.

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     42-162-9. Adoption of rules.

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     The secretary of state shall adopt regulations to facilitate the administration of this chapter

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pursuant to the rulemaking provisions of chapter 35 of title 42 ("administrative procedures"). Such

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rules shall include, at a minimum, procedures for renewing participation in the program every five

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(5) years, procedures for appealing a cancellation of program participation, and a secure procedure

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for ensuring that requests for withdrawal are legitimate.

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     42-162-10. Civil liability for knowing and intentional disclosure.

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     No person shall knowingly and intentionally obtain or disclose a program participant's

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actual address knowing that they were not authorized to do so. A person who violates this section

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shall be assessed a civil penalty of not more than five thousand dollars ($5,000). Each unauthorized

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disclosure shall constitute a separate civil violation. Nothing in this section shall preclude criminal

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prosecution for a violation.

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     42-162-11. Good faith handling of mail -- Protection from civil liability.

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     The secretary of state or any member of the department of state who reasonably and in

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good faith handles any process or mail on behalf of a participant in accordance with this chapter

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shall be immune from any civil liability which might otherwise result by reason of such actions.

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     42-162-12. Severability.

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     If any provision of this chapter or the application thereof to any person or circumstance is

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held invalid, such invalidity shall not affect other provisions or applications of the chapter that can

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be given effect without the invalid provision or application, and to this end the provisions of this

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chapter are declared to be severable.

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     SECTION 2. Sections 17-28-1, 17-28-2, 17-28-3, 17-28-4, 17-28-5, 17-28-6, 17-28-7 and

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17-28-8 of chapter 17-28 of the General Laws entitled "Address Confidentiality for Victims of

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Domestic Violence" are hereby repealed.

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     17-28-1. Purpose.

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     The general assembly finds that persons attempting to escape from actual or threatened

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domestic violence frequently establish new addresses in order to prevent their assailants or probable

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assailants from finding them. The purpose of this chapter is to enable victims of domestic violence

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and members of their household to participate in the electoral process by providing address

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confidentiality.

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     17-28-2. Definitions.

 

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     Unless the context clearly requires otherwise, the definitions in this section apply

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throughout this chapter.

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     (a) "Address" means a residential street address, of an individual, as specified on the

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individual's application to be a program participant under this chapter.

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     (b) "Program participant" means a person certified as a program participant under § 17-28-

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3.

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     (c) "Victim of domestic violence" means an individual who has a restraining order issued

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by the family, superior, or district court pursuant to §§ 15-15-1, 15-15-9, or 8-8.1-3 or a domestic

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violence no contact order issued by the superior or district court pursuant to § 12-29-4 or a

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restraining order or no contact order issued by a court in another state for their protection and any

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individual living within the same household as the recipient of the restraining order or no contact

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order.

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     17-28-3. Address confidentiality program -- Application -- Certification.

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     (a) An adult person who is a victim of domestic violence and any member of his/her

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household may apply to the secretary of state to have an address designated by the secretary of state

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

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manner and 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, and

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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 reason

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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 certified for four (4) years following the

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date of filing unless the certification is withdrawn or invalidated before that date. The secretary of

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state shall establish by rule a renewal procedure.

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

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

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provides false or incorrect information upon making an application, shall be punished by a fine of

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not more than five hundred dollars ($500).

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     17-28-4. Certification cancellation.

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     (a) If the program participant obtains a name change, he or she shall lose certification as a

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program participant.

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     (b) The secretary of state may cancel a program participant's certification if there is a

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change in the residential address from the one listed on the application, unless the program

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participant provides the secretary of state with seven (7) days' prior notice of the change of address.

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     (c) The secretary of state may cancel certification of a program participant if mail

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forwarded by the secretary to the program participant's address is returned as non-deliverable.

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     (d) The secretary of state shall cancel certification of a program participant who applies

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using false information.

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     17-28-5. Voting by program participant -- Use of designated address by board of

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canvassers.

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     (a) A program participant qualified to vote may apply for a mail ballot for all elections in

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the city or town in which that individual resides in the same manner as mail ballot voters who

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qualify under § 17-20-1 et seq. The program participant may use his or her designated address on

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the mail ballot application. The board of canvassers shall transmit the ballot to the program

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participant at the address designated in the application. Neither the name nor the address of a

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program participant shall be included in any list of registered voters available to the public.

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     (b) The board of canvassers may not make the participant's address contained in voter

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registration records available for public inspection or copying except under the following

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circumstances:

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     (1) If requested by a law enforcement agency, to the law enforcement agency; and

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     (2) If directed by a court order, to a person identified in the order.

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     17-28-6. Disclosure of address prohibited -- Exceptions.

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     The secretary of state may not make a program participant's address, other than the address

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designated by the secretary of state, available for inspection or copying, except under the following

 

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circumstances:

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     (1) If requested by a law enforcement agency, to the law enforcement agency;

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     (2) If directed by a court order, to a person identified in the order; and

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     (3) If certification has been canceled.

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     17-28-7. Assistance for program applicants.

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     The secretary of state shall designate state and local agencies and nonprofit agencies that

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provide counseling and shelter services to victims of domestic violence to assist persons applying

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to be program participants. Any assistance and counseling rendered by the office of the secretary

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of state or its designee to applicants shall in no way be construed as legal advice.

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     17-28-8. Adoption of rules.

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     The secretary of state and board of elections shall adopt rules to facilitate the administration

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of this chapter by state and local agencies and boards of canvassers.

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     SECTION 3. Chapter 17-28 of the General Laws entitled "Address Confidentiality for

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Victims of Domestic Violence" is hereby amended by adding thereto the following section:

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     17-28-9. Voting by participant in the address confidentiality program.

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     (a) A participant in the address confidentiality program established by chapter 162 of title

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42 who is qualified to vote may apply for a mail ballot for all elections in the city or town in which

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that individual resides in the same manner as mail ballot voters who qualify under chapter 20 of

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title 17. The program participant may use their substitute address on the mail ballot application.

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The board of canvassers shall transmit the ballot to the program participant at the address

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designated in the application.

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     (b) No election official shall release a program participant's actual address. Neither the

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name nor the address of a program participant shall be included in any list of registered voters

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available to the public.

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     (c) The secretary of state and the board of elections may adopt any rules or regulations

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deemed necessary to facilitate administration of this section.

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     SECTION 4. This act shall take effect on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADDRESS CONFIDENTIALITY

PROGRAM

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     This act would repeal the current provisions of the "Address Confidentiality for Victims of

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Domestic Violence Act" and replace the repealed provisions with an "Address Confidentiality

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Program Act" which provides that the secretary of state may provide a person subjected to domestic

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violence with a substitute address and the secretary of state may accept and forward mail and

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service of process for the person.

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     This act would take effect on January 1, 2023.

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