Report Title:

Victims; Address Confidentiality

Description:

Establishes address confidentiality program for victims of domestic abuse and sexual assault.

HOUSE OF REPRESENTATIVES

H.B. NO.

1492

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to confidentiality.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that persons attempting to escape from actual or threatened domestic abuse, sexual assault, or stalking frequently establish new addresses to prevent their assailants or probable assailants from finding them. The purpose of this Act is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic abuse, sexual assault, or stalking, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic abuse, sexual assault, or stalking, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Address confidentiality program

§ -A Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this chapter.

"Domestic abuse" has the same meaning as the enumerated acts in section 586-1 and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

"Program participant" means a person certified as a program participant under section    -B.

§ -B Address confidentiality program; application; certification. (a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined in section 560:5-102 or 560:5-301, may apply to the attorney general to have an address designated by the attorney general to serve as the person's address or the address of the minor or incapacitated person. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general and if it contains:

(1) A sworn statement by the applicant that the applicant has good reason to believe that the:

(A) Applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic abuse, sexual assault, or stalking; and

(B) Applicant fears for the applicant's safety or the applicant's children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(2) A designation of the attorney general as agent for purposes of service of process and for the purpose of receipt of mail;

(3) The mailing address where the applicant can be contacted by the attorney general, and the phone number or numbers where the applicant can be called by the attorney general;

(4) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic abuse, sexual assault, or stalking; and

(5) The signature of the applicant and any individual 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 attorney general.

(c) Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The attorney general shall by rule adopted under chapter 91 establish 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 the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be guilty of false swearing or unsworn falsification under part V of chapter 710.

§ -C Certification cancellation. (a) If the program participant obtains a name change, the person loses certification as a program participant.

(b) The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general with seven days' prior notice of the change of address.

(c) The attorney general may cancel certification of a program participant if mail forwarded by the attorney general to the program participant's address is returned as nondeliverable.

(d) The attorney general shall cancel certification of a program participant who applies using false information.

§ -D Agency use of designated address. (a) A program participant may request that state and local agencies use the address designated by the attorney general as the person's address. When creating a new public record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general has determined that:

(1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter; and

(2) The address will be used only for those statutory and administrative purposes.

(b) A program participant may use the address designated by the attorney general as the participant's work address.

(c) The office of the attorney general shall forward all first class mail to the appropriate program participants.

§ -E Voting by program participant; use of designated address. (a) A program participant who is otherwise qualified to vote may apply as an absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as absentee voters who qualify under section 15-4. The county clerk shall transmit the absentee ballot to the program participant at the address designated by the participant. Neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.

(b) The county clerk shall not make the participant's address contained in voter registration records available for public inspection or copying, except under the following circumstances:

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

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

§ -F Disclosure of records prohibited; exceptions. The attorney general shall not make any record in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:

(1) If requested by a law enforcement agency;

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

(3) To verify the participation of a specific program participant, in which case the attorney general may only confirm information supplied by the requester.

§ -G Assistance for program applicants. The attorney general shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse, sexual assault, or stalking to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the attorney general or its designees to applicants shall not be construed as legal advice.

§ -H Rules. The attorney general may adopt rules under chapter 91 to facilitate the administration of this chapter."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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