PRINTER'S NO. 655
No. 598 Session of 2001
INTRODUCED BY YOUNGBLOOD, CRUZ, ORIE, HORSEY, BELARDI, BISHOP,
BROWNE, CALTAGIRONE, COLAFELLA, CORRIGAN, CURRY, DALEY,
DeWEESE, EACHUS, GEORGE, HARHAI, HENNESSEY, JOSEPHS, LEDERER,
MANN, S. MILLER, PETRARCA, PISTELLA, PRESTON, ROBINSON,
SOLOBAY, STABACK, STURLA, E. Z. TAYLOR, THOMAS, TRICH,
C. WILLIAMS, WOJNAROSKI, FRANKEL, WALKO AND L. I. COHEN,
FEBRUARY 8, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2001
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for address confidentiality
3 program for victims of domestic violence.
4 The General Assembly finds that persons attempting to escape
5 from actual or threatened domestic violence frequently establish
6 new addresses in order to prevent their assailants or probable
7 assailants from finding them. The purpose of this act is:
8 (1) to enable State and local government agencies to
9 respond to requests for public records without disclosing the
10 location of a victim of domestic violence;
11 (2) to enable cooperation between State and local
12 government agencies and the Attorney General in providing
13 address confidentiality for victims of domestic violence; and
14 (3) to enable State and local government agencies to
15 accept a program participant's use of an address designated
16 by the Attorney General as a substitute mailing address.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Title 23 of the Pennsylvania Consolidated
4 Statutes is amended by adding a chapter to read:
5 CHAPTER 65
6 ADDRESS CONFIDENTIALITY PROGRAM FOR
7 VICTIMS OF DOMESTIC VIOLENCE
8 Sec.
9 6501. Definitions.
10 6502. Establishment of program.
11 6503. Duties of Attorney General.
12 6504. Duties of domestic violence programs.
13 6505. Use of substitute address by State and local government
14 agencies.
15 6506. Disclosure of records.
16 6507. Notice.
17 6508. Use of substitute address.
18 6509. Marriage applications and records.
19 6510. Certification cancellation.
20 6511. Voluntary withdrawal by program participant.
21 6512. Emergency disclosure.
22 6513. Custody orders.
23 6514. Report to General Assembly.
24 6515. Immunity.
25 6516. Penalties.
26 § 6501. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Abuse." As defined in section 6102 (relating to
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1 definitions).
2 "Actual address." A residential street address, school
3 address or work address of a program participant.
4 "Attorney General." Includes an employee of the Office of
5 Attorney General responsible for implementing the program.
6 "Authorization card." The card given to program participants
7 by the Office of Attorney General certified to participate in
8 the address confidentiality program.
9 "Criminal justice agency." The term shall have the meaning
10 given to it under 18 Pa.C.S. § 9102 (relating to definitions).
11 "Domestic violence." Abuse which occurs between family or
12 household members, whether or not the abuse has been reported to
13 a law enforcement agency or court. The term includes threats to
14 commit abuse.
15 "Domestic violence program." As defined in section 6102
16 (relating to definitions).
17 "Family or household members." As defined in section 6102
18 (relating to definitions).
19 "Minor." An individual who is under 18 years of age.
20 "Program." The address confidentiality program established
21 within the Office of Attorney General under this chapter.
22 "Program participant." An individual who receives a
23 substitute address from the Attorney General.
24 "State or local government agency." A Commonwealth agency or
25 a government unit other than the Commonwealth or an employee
26 thereof, but only with respect to an act within the scope of the
27 employee's office or employment. The term includes an
28 intermediate unit, an agency of county government and a criminal
29 justice agency.
30 "Substitute address." The official address of the Attorney
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1 General or an address designated by the Attorney General to be
2 used by a program participant in lieu of an actual address.
3 § 6502. Establishment of program.
4 (a) Establishment.--There is hereby established within the
5 Office of Attorney General an address confidentiality program.
6 (b) Application.--The following individuals may apply to the
7 Attorney General to have an address designated by the Attorney
8 General to serve as the individual's, a minor's or an
9 incompetent adult's substitute address:
10 (1) An adult or an emancipated minor applying on behalf
11 of the adult or emancipated minor.
12 (2) A parent, adult household member or guardian ad
13 litem applying on behalf of a minor.
14 (3) A guardian of the person of an adult who has been
15 declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B
16 (relating to appointment of guardian) applying on behalf of
17 the incompetent adult.
18 (c) Assistance.--An application shall be completed in person
19 at a State or local government agency or at a domestic violence
20 program or by an applicant without appearing before such agency
21 or program. If the applicant completes the application with the
22 assistance of a domestic violence program, the applicant shall
23 be able, if the applicant desires, to meet with a domestic
24 violence counselor, receive orientation about the program and
25 receive an individualized threat assessment conducted by a
26 domestic violence counselor.
27 (d) Procedure.--The Attorney General shall approve of an
28 application if it is completed in the manner described in
29 subsection (c), filed in the manner and on the form prescribed
30 by the Attorney General and contains all of the following:
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1 (1) A sworn statement by the applicant that the
2 applicant has good reason to believe:
3 (i) That the applicant, the applicant's children or
4 the minor or incompetent adult on whose behalf
5 application is made is a victim of domestic violence.
6 (ii) That the applicant fears for the applicant's
7 safety or the safety of the applicant's child, or the
8 safety of the minor or incompetent person on whose behalf
9 application is made.
10 (2) The signature of the applicant and any other
11 individual other than a representative of a domestic violence
12 program, who assisted in the preparation of the application,
13 if any, as well as the date on which the applicant signed the
14 application. If the application was completed with the
15 assistance of a representative of a domestic violence
16 program, the signature of the applicant and the
17 representative of the domestic violence program and any other
18 individual who assisted in the preparation of the
19 application, and the date on which the applicant signed the
20 application shall appear on the application.
21 (3) A designation of the Attorney General as agent for
22 the purpose of receiving process and for the purpose of
23 receipt of mail.
24 (4) The mailing address where the applicant or the minor
25 or the incompetent adult on whose behalf application is made
26 can be contacted by the Attorney General and a telephone
27 number where the applicant, minor or incompetent adult may be
28 called by the Attorney General.
29 (5) The address or addresses that the applicant requests
30 not be disclosed.
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1 (e) Penalty.--An individual who knowingly or willfully
2 falsely attests in an application that disclosure of an
3 applicant's address would endanger the applicant's safety or the
4 safety of the applicant's child or the safety of the minor or
5 incompetent adult on whose behalf application is made, or who
6 knowingly or willfully provides false or incorrect information
7 upon making an application may be subject to prosecution under
8 18 Pa.C.S. § 4904 (relating to unsworn falsification to
9 authorities). A notice shall be printed on the face of the
10 application informing the applicant of the penalty under this
11 subsection.
12 (f) Intent to evade prosecution.--Any individual who
13 knowingly enters the address confidentiality program to evade
14 prosecution of criminal laws, regulation under 42 Pa.C.S. Ch. 97
15 Subch. H (relating to registration of sexual offenders) or
16 restrictions placed on the individual by a criminal justice
17 agency commits a felony of the third degree.
18 (g) Service of process.--Service on the Attorney General of
19 a summons, writ, notice, demand or process shall be made by
20 delivering to the Attorney General two copies of the summons,
21 writ, notice, demand or process. If a summons, writ, notice,
22 demand or process is served on the Attorney General, the
23 Attorney General shall immediately cause a copy to be forwarded
24 to the program participant at the address shown on the records
25 of the address confidentiality program so that the summons,
26 writ, notice, demand or process is received by the program
27 participant within five days of the Attorney General's having
28 received it. The Attorney General shall keep a record of all
29 summonses, writs, notices, demands and processes served upon the
30 Attorney General under this chapter and shall record the date
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1 and time of service and the Attorney General's action.
2 (h) Filing.--An application shall be filed with the Attorney
3 General. A filing fee may not be charged.
4 § 6503. Duties of Attorney General.
5 (a) Certification.--Upon approving an application which
6 meets the requirements of section 6502(b), (c) and (d) (relating
7 to establishment of program) the Attorney General shall certify
8 the applicant as a program participant and shall designate an
9 address which may be used as a substitute address. Subject to
10 cancellation of certification or voluntary withdrawal from the
11 program under section 6510 (relating to certification
12 cancellation) or 6511 (relating to voluntary withdrawal by
13 program participant), certification shall be valid for three
14 years. A program participant may apply for recertification every
15 three years thereafter. The Attorney General shall, by
16 regulation, establish a renewal procedure.
17 (b) Mail.--Upon receipt of first-class mail addressed to a
18 program participant, the Attorney General shall forward the mail
19 to the actual address designated by the participant as the place
20 where mail may be received. The Attorney General may arrange to
21 receive and forward other kinds and classes of mail to a program
22 participant at the program participant's expense.
23 (c) Assistance and counseling.--The Attorney General shall
24 designate State and local government agencies and domestic
25 violence programs as locations where applications to the program
26 may be obtained. Assistance and counseling rendered by the
27 Attorney General shall not be considered legal advice.
28 (d) Authorization card and forms.--The Attorney General
29 shall develop an authorization card and forms as necessary for
30 program participants.
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1 (e) Rules to facilitate administration.--The Attorney
2 General shall adopt rules to facilitate the administration of
3 this chapter.
4 § 6504. Duties of domestic violence programs.
5 A domestic violence program shall make available the
6 following services to applicants if the applicant desires or
7 requests such services:
8 (1) Orientation about the program and meeting with a
9 domestic violence counselor.
10 (2) An individualized threat assessment performed by a
11 domestic violence counselor.
12 (3) Assistance with preparation of the application to
13 the program.
14 § 6505. Use of substitute address by State and local government
15 agencies.
16 (a) Request.--A program participant may request that a State
17 or local government agency use the substitute address designated
18 by the Attorney General as the participant's address. When
19 creating a new public record, a State or local government agency
20 shall accept the substitute address designated by the Attorney
21 General as a program participant's address, unless the Attorney
22 General has determined that:
23 (1) The State or local agency has a bona fide statutory
24 or administrative requirement for use of the address which
25 would otherwise be confidential under this chapter.
26 (2) The address which would otherwise be confidential
27 under this chapter will be used only for those statutory or
28 administrative purposes.
29 (b) Procedure.--If the Attorney General makes a
30 determination that a State or local government agency meets the
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1 requirements of subsection (a)(1) and (2), the program
2 participant shall provide the State or local government agency
3 with his actual address.
4 § 6506. Disclosure of records.
5 (a) General rule.--Subject to subsection (b), the Attorney
6 General may not make any records or information in a program
7 participant's file available for inspection or copying except
8 the address designated by the Attorney General as the substitute
9 address of the program participant.
10 (b) Exception.--The Attorney General shall make records and
11 information of a program participant available for inspection or
12 copying:
13 (1) If requested by a criminal justice agency, to the
14 criminal justice agency.
15 (2) If directed by court order, to the person identified
16 in the order.
17 (3) To providers of medical care, social service
18 personnel or a criminal justice agency when emergency
19 disclosure is necessary under section 6512 (relating to
20 emergency disclosure).
21 (c) The Attorney General shall adopt rules regarding the
22 procedures for the availability of records under section 6505(b)
23 (relating to use of substitute address by State and local
24 government agencies).
25 § 6507. Notice.
26 (a) General rule.--Subject to subsection (b), the Attorney
27 General shall notify the program participant in writing within
28 ten business days of any disclosure of a program participant's
29 actual address or any part of the program participant's file.
30 (b) Exception.--The requirement of subsection (a) shall not
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1 apply to a disclosure made to a criminal justice agency, a
2 court, or a disclosure made under section 6512 (relating to
3 emergency disclosure).
4 § 6508. Use of substitute address.
5 (a) Use.--Subject to sections 6505 (relating to use of
6 substitute address by State and local government agencies) and
7 6506 (relating to disclosure of records), a program participant
8 may use the address designated by the Attorney General as his
9 work address, in order to register to vote or to complete a
10 marriage application.
11 (b) Voting.--The Attorney General shall, in consultation and
12 cooperation with the Department of State, develop and implement
13 a mechanism to allow a program participant to register to vote
14 and to vote using the participant's actual address without
15 making the voter registration record or actual address available
16 to the public. No State or local government agency shall include
17 the name or address of a program participant in any list of
18 registered voters available to the public, or make information
19 relating to the program participant contained in voter
20 registration records available for public inspection or copying
21 except:
22 (1) if requested by a criminal justice agency, to the
23 criminal justice agency; or
24 (2) if directed by a court order, to a person identified
25 in the order.
26 § 6509. Marriage applications and records.
27 If a program participant under this chapter notifies the
28 appropriate county clerk as required under rules adopted by the
29 Attorney General, the county clerk shall not make available for
30 inspection or copying the name and actual address of a program
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1 participant contained in marriage applications and records filed
2 under this chapter, except under either of the following
3 circumstances:
4 (1) If requested by a criminal justice agency, to the
5 criminal justice agency.
6 (2) If directed by a court order, to a person identified
7 in the order.
8 § 6510. Certification cancellation.
9 (a) General rule.--The Attorney General may cancel
10 certification of a program participant if:
11 (1) The program participant fails to notify the Attorney
12 General within seven business days of a lawful name change or
13 change in address.
14 (2) The application provides false information.
15 (3) The program participant's mail or service of
16 process, summons, writ, notice or demand is returned to the
17 Attorney General as not deliverable.
18 (4) The program participant refuses delivery of mail or
19 service of process, summons, writ, notice or demand.
20 (5) The program participant's certification has expired
21 and certification renewal has not been completed.
22 (6) The Attorney General has determined that
23 participation in the program is being used as a subterfuge to
24 avoid detection of illegal or criminal activity or
25 apprehension by law enforcement.
26 (b) Procedure.--Except as provided in subsection (c), if the
27 Attorney General intends to cancel the program participant's
28 certification under subsection (a)(1), (2), (3), (4) or (5), the
29 Attorney General shall provide the program participant notice in
30 writing at the program participant's last known address within
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1 30 days of the intended cancellation. A program participant
2 shall have ten business days after receipt of notice to appeal
3 the intended cancellation.
4 (c) Exception.--The Attorney General may immediately cancel
5 a program participant's certification under subsection (a)(6). A
6 program participant may apply for reinstatement within ten
7 business days after receipt of notice by writing the Attorney
8 General.
9 (d) Records retention.--Any records or documents pertaining
10 to a program participant shall be retained by the Attorney
11 General and held confidential for ten years after cancellation
12 of certification, and then destroyed.
13 § 6511. Voluntary withdrawal by program participant.
14 A program participant may voluntarily withdraw from the
15 program by submitting to the Attorney General written
16 notification of withdrawal and by returning his current
17 authorization card. Certification shall be canceled on the date
18 of receipt of notification and authorization card.
19 § 6512. Emergency disclosure.
20 (a) Emergency access.--The Attorney General shall establish
21 a system to handle emergencies that will provide, on a 24-hour
22 basis, access to the actual address of a program participant.
23 (b) Disclosure.--The Attorney General may disclose the
24 actual address of a program participant if:
25 (1) the Attorney General determines that failure to
26 disclose the actual address may result in physical harm to
27 the program participant or the program participant's family
28 or household member; or
29 (2) requested by a criminal justice agency in writing
30 and circumstances warrant immediate disclosure.
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1 § 6513. Custody orders.
2 (a) General rule.--Nothing in this chapter, nor
3 participation in this program, shall affect custody orders in
4 effect prior to or during program participation.
5 (b) Custody orders.--Participation in the program does not
6 constitute evidence of domestic violence for purposes of orders.
7 § 6514. Report to General Assembly.
8 The Attorney General shall submit to the Governor and the
9 General Assembly, no later than January 10 of each year, a
10 report that includes:
11 (1) The total number of applications received by the
12 program established under this chapter.
13 (2) The total number of program participants and whether
14 those participants are adults, minors or incompetent adults.
15 (3) Total number of pieces of mail forwarded to program
16 participants.
17 (4) Total number of program participants during the
18 program's duration and the average length of time a program
19 participant remains in the program.
20 (5) Suggested changes in the program or this chapter
21 which are needed to improve the program's efficiency.
22 § 6515. Immunity.
23 The Attorney General shall be immune from suit for acts or
24 omissions committed in good faith under this chapter.
25 § 6516. Penalties.
26 (a) False information.--A person who knowingly or willfully
27 provides false information in regard to a material fact in an
28 application may be subject to cancellation of certification and
29 prosecution under 18 Pa.C.S. § 4904 (relating to unsworn
30 falsification to authorities).
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1 (b) Unlawful access.--A person who gains or attempts to gain
2 access to a program participant's actual address when not
3 entitled to do so under this chapter commits a misdemeanor of
4 the first degree.
5 Section 2. This act shall take effect in 180 days.
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