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        PRIOR PRINTER'S NO. 1555                      PRINTER'S NO. 3631

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1262 Session of 2003


        INTRODUCED BY TRUE, YOUNGBLOOD, ADOLPH, BAKER, BALDWIN, BARD,
           BEBKO-JONES, BOYD, BROWNE, BUNT, CAPPELLI, CAWLEY, CIVERA,
           CLYMER, CRAHALLA, CREIGHTON, CURRY, DeWEESE, DiGIROLAMO,
           EGOLF, D. EVANS, FRANKEL, FREEMAN, GEORGE, GOODMAN, GRUCELA,
           HARHAI, HARPER, HENNESSEY, HERMAN, HICKERNELL, HORSEY, JAMES,
           JOSEPHS, KELLER, KOTIK, LAUGHLIN, LEACH, LEDERER, MANDERINO,
           MANN, McGEEHAN, McILHATTAN, McNAUGHTON, MELIO, R. MILLER,
           S. MILLER, MUNDY, O'NEILL, PETRARCA, PHILLIPS, PICKETT,
           READSHAW, REICHLEY, RUBLEY, SCRIMENTI, SHANER, B. SMITH,
           STERN, TANGRETTI, E. Z. TAYLOR, J. TAYLOR, TIGUE, VANCE,
           WASHINGTON, WATSON, WEBER, WHEATLEY, WOJNAROSKI, COLEMAN AND
           MAITLAND, APRIL 30, 2003

        AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
           MARCH 31, 2004

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania        <--
     2     Consolidated Statutes, establishing a system to create and
     3     maintain confidentiality of the addresses of victims of
     4     domestic violence; providing for the powers and duties of the
     5     Office of Victim Advocate; and prescribing penalties.

     6     The General Assembly finds and declares as follows:
     7         (1)  Victims of domestic violence and others in physical
     8     danger frequently need to adopt a confidential address in
     9     order to prevent assailants and/or their agents from finding
    10     them.
    11         (2)  This act is intended to assist victims by
    12     establishing a system to create and maintain confidentiality
    13     of addresses and by requiring State and local agencies to
    14     accept a participant's use of a substitute mailing address.

     1         (3)  This system will enable State and local agencies to
     2     respond to requests for public records without disclosing the
     3     location of victims.
     4  AMENDING TITLES 23 (DOMESTIC RELATIONS) AND 75 (VEHICLES) OF THE  <--
     5     PENNSYLVANIA CONSOLIDATED STATUTES, PROVIDING FOR APPLICATION
     6     FOR LICENSE; ESTABLISHING A SYSTEM TO CREATE AND MAINTAIN
     7     CONFIDENTIALITY OF THE ADDRESSES OF VICTIMS OF DOMESTIC
     8     VIOLENCE, SEXUAL ASSAULT AND STALKING; PROVIDING FOR THE
     9     POWERS AND DUTIES OF THE OFFICE OF VICTIM ADVOCATE; PROVIDING
    10     FOR APPLICATION FOR CERTIFICATE OF TITLE, FOR PERFECTION OF A
    11     SECURITY INTEREST IN A VEHICLE, FOR APPLICATION FOR
    12     REGISTRATION AND FOR ISSUANCE AND CONTENT OF DRIVER'S
    13     LICENSE; AND PRESCRIBING PENALTIES.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Title 23 of the Pennsylvania Consolidated          <--
    17  Statutes is amended by adding a chapter to read:
    18                             CHAPTER 67
    19          DOMESTIC VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
    20  Sec.
    21  6701.  Short title of chapter.
    22  6702.  Definitions.
    23  6703.  Address Confidentiality Program.
    24  6704.  Application and certification process.
    25  6705.  Persons eligible to become program participants.
    26  6706.  Cancellation and voluntary withdrawal.
    27  6707.  Agency use of designated address.
    28  6708.  Disclosure of confidential address.
    29  6709.  Waiver process by Office of Victim Advocate.
    30  6710.  Emergency disclosure.
    31  6711.  Penalties.
    32  6712.  Rules and regulations.
    33  § 6701.  Short title of chapter.
    34     This chapter shall be known and may be cited as the Domestic

    20030H1262B3631                  - 2 -     

     1  Violence Victim Address Confidentiality Act.
     2  § 6702.  Definitions.
     3     The following words and phrases when used in this chapter
     4  shall have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     "Actual address."  A residential address, school address or
     7  work address of an individual.
     8     "Criminal justice agency."  The term shall have the same
     9  meaning given to it under 18 Pa.C.S. § 9102 (relating to
    10  definitions).
    11     "Program participant."  A person certified by the Office of
    12  Victim Advocate as eligible to participate in the address
    13  confidentiality program established by this chapter.
    14     "Office of Victim Advocate."  The office that is responsible
    15  for the address confidentiality program established by this
    16  chapter.
    17     "Substitute address."  The official address of the Office of
    18  Victim Advocate or an address designated by the Office of Victim
    19  Advocate.
    20     "Victim of domestic violence."  A person who is a victim as
    21  defined by section 6102 (relating to definitions).
    22  § 6703.  Address Confidentiality Program.
    23     (a)  Establishment.--The Office of Victim Advocate shall
    24  establish a program to be known as the Address Confidentiality
    25  Program. Upon application, persons eligible under section 6705
    26  (relating to persons eligible to become program participants)
    27  shall receive a substitute address.
    28     (b)  Administration.--The Office of Victim Advocate shall
    29  forward all first class mail at no additional expense to a
    30  program participant. The Office of Victim Advocate may arrange
    20030H1262B3631                  - 3 -     

     1  to receive and forward other classes or kinds of mail at the
     2  program participant's expense.
     3  § 6704.  Application and certification process.
     4     (a)  General rule.--An applicant must file an application
     5  with the Office of Victim Advocate on a form prescribed by the
     6  Office of Victim Advocate. The Office of Victim Advocate shall
     7  certify all eligible applicants as program participants.
     8  Certification shall be valid for three years following the date
     9  of certification unless the certification is withdrawn or
    10  canceled before that date.
    11     (b)  Requirements for certification.--The Office of Victim
    12  Advocate shall certify applications for a substitute address if:
    13         (1)  The applicant meets the eligibility requirements
    14     under section 6705 (relating to persons eligible to become
    15     program participants).
    16         (2)  The applicant designates the Office of Victim
    17     Advocate as an agent for the purpose of receiving service of
    18     process.
    19         (3)  The application contains the actual address and
    20     telephone number where the applicant can be contacted.
    21         (4)  The application contains a statement that the
    22     information provided by the applicant is true to the best of
    23     the applicant's knowledge, which the applicant shall attest
    24     to by signing.
    25         (5)  The application contains the date, the applicant's
    26     signature and the signature of any person who assisted in the
    27     preparation of the application.
    28  § 6705.  Persons eligible to become program participants.
    29     The following persons shall qualify as program participants:
    30         (1)  Victims of domestic violence who:
    20030H1262B3631                  - 4 -     

     1             (i)  have filed a protection from abuse order
     2         pursuant to Chapter 61 (relating to protection from
     3         abuse);
     4             (ii)  are eligible to file for a protection from
     5         abuse order pursuant to Chapter 61 and file an affidavit
     6         stating their belief that the affiant fears violent acts
     7         by the affiant's assailant;
     8             (iii)  have obtained a foreign protection order as
     9         defined in section 6102 (relating to definitions),
    10         whether or not such an order is filed;
    11             (iv)  have applied for or received crime victim
    12         compensation related to the act of violence; or
    13             (v)  have received a statutory or legal determination
    14         of good cause or finding of domestic violence.
    15         (2)  A person who is a member of the same household as a
    16     qualified program participant under paragraph (1).
    17         (3)  Minor children who:
    18             (i)  qualify under paragraph (1) and have a parent or
    19         legal guardian acting on their behalf; or
    20             (ii)  are children of a qualified program participant
    21         under paragraph (1) or (2).
    22         (4)  Victims of sexual offense or stalking, as set forth
    23     in 18 Pa.C.S. (relating to crimes and offenses), who:
    24             (i)  have filed charges against another person for
    25         committing such a crime;
    26             (ii)  are eligible to file such criminal charges and
    27         file an affidavit stating their belief that the affiant
    28         fears violent acts by the affiant's assailant;
    29             (iii)  have filed a protection from abuse order
    30         pursuant to Chapter 61;
    20030H1262B3631                  - 5 -     

     1             (iv)  are eligible to file for a protection from
     2         abuse order pursuant to Chapter 61 and file an affidavit
     3         stating their belief that the affiant fears violent acts
     4         by the affiant's assailant;
     5             (v)  have obtained a foreign protection order as
     6         defined in section 6102 whether or not such an order is
     7         filed; or
     8             (vi)  have applied for or received crime victim
     9         compensation related to said act of violence.
    10         (5)  Program participants who notify the Office of Victim
    11     Advocate of the intent to continue in the program.
    12  § 6706.  Cancellation and voluntary withdrawal.
    13     (a)  Basis for cancellation.--The Office of Victim Advocate
    14  may cancel certification of a program participant if:
    15         (1)  the applicant willingly provides false information
    16     on any portion of the application;
    17         (2)  the program participant fails to notify the Office
    18     of Victim Advocate within 14 days of a name change or address
    19     change; or
    20         (3)  the program participant's mail is returned to the
    21     Office of Victim Advocate as nondeliverable.
    22     (b)  Procedure for withdrawal or termination.--
    23         (1)  A program participant may withdraw at any time by
    24     notifying the Office of Victim Advocate in writing.
    25         (2)  If cancellation or expiration is pending, the Office
    26     of Victim Advocate shall provide written notification to the
    27     participant's last known address of the intended termination
    28     to the program participant 30 days prior to termination.
    29         (3)  Upon notification, a program participant shall have
    30     ten days to appeal the termination under procedures developed
    20030H1262B3631                  - 6 -     

     1     by the Office of Victim Advocate.
     2  § 6707.  Agency use of designated address.
     3     State and local government agencies shall accept the address
     4  designated by the Office of Victim Advocate as the program
     5  participant's substitute address, except as follows:
     6         (1)  A local or government agency has been granted a
     7     waiver pursuant to section 6709 (relating to waiver process
     8     by Office of Victim Advocate).
     9         (2)  The program participant is any of the following:
    10             (i)  a released offender complying with parole
    11         provisions pursuant to 37 Pa. Code Ch. 63 (relating to
    12         conditions governing parole);
    13             (ii)  a convicted sexual offender who has fulfilled
    14         his sentence but must register his community residence as
    15         required under 42 Pa.C.S. §§ 9795.1 (relating to
    16         registration) and 9795.2 (relating to registration
    17         procedures and applicability); or
    18             (iii)  a convicted offender subject to home
    19         detention.
    20  § 6708.  Disclosure of confidential address.
    21     (a)  General rule.--The Office of Victim Advocate may not
    22  disclose the address of a program participant except under one
    23  of the following circumstances:
    24         (1)  To an agency that has been granted a waiver by the
    25     Office of Victim Advocate pursuant to section 6709 (relating
    26     to waiver process by Office of Victim Advocate).
    27         (2)  Upon order of the court, to the person identified in
    28     that order.
    29         (3)  To providers of medical care, social services
    30     personnel or others similarly situated when emergency
    20030H1262B3631                  - 7 -     

     1     disclosure is necessary pursuant to section 6710 (relating to
     2     emergency disclosure).
     3     (b)  Notice to program participant.--
     4         (1)  Except when disclosure is made to a criminal justice
     5     agency or occurs in an instance subject to subsection (a)(2),
     6     the Office of Victim Advocate shall provide written
     7     notification of disclosure to the program participant five
     8     business days prior to disclosure. When disclosure occurs
     9     under subsection (a)(3), the Office of Victim Advocate shall
    10     simultaneously notify a program participant of disclosure.
    11         (2)  Except in the instance of court order, the Office of
    12     Victim Advocate shall seek input from the victim related to
    13     the disclosure request and consider such information in their
    14     determination to disclose the participant's confidential
    15     address.
    16         (3)  When disclosure is denied, the Office of Victim
    17     Advocate shall provide written notification to the program
    18     participant not more than five business days after the
    19     disclosure is denied.
    20  § 6709.  Waiver process by Office of Victim Advocate.
    21     (a)  Information required for request.--An agency that
    22  requests disclosure under section 6708 (relating to disclosure
    23  of confidential address) shall provide in writing to the Office
    24  of Victim Advocate:
    25         (1)  Identification of the law or administrative rule or
    26     procedure that demonstrates the agency's bona fide
    27     requirement and authority for the use of the actual address
    28     of the program participant.
    29         (2)  Identification of the specific program participant's
    30     record for which the waiver is requested.
    20030H1262B3631                  - 8 -     

     1         (3)  Identification of the persons who will have access
     2     to the record.
     3         (4)  Explanation of how the agency's acceptance of a
     4     substitute address will prevent the agency from meeting its
     5     obligations under the law.
     6         (5)  An explanation of why the agency cannot meet its
     7     statutory or administrative obligations by a change in its
     8     internal procedures.
     9     (b)  Review by Office of Victim Address.--
    10         (1)  The Office of Victim Advocate shall file and review
    11     an agency's waiver request. During the review, evaluation and
    12     appeal of an agency's waiver request, the agency shall accept
    13     the use of a program participant's substitute address.
    14         (2)  The Office of Victim Advocate's determination to
    15     grant or withhold a requested waiver shall be based on, but
    16     not limited to, an evaluation of the information provided
    17     under subsection (a), as well as information obtained from
    18     the program participant.
    19     (c)  Criteria for granting waiver.--
    20         (1)  If the Office of Victim Advocate determines that an
    21     agency has a bona fide statutory or administrative need for
    22     the actual address and that the information will be used only
    23     for that purpose, the Office of Victim Advocate may issue the
    24     actual address to the agency.
    25         (2)  When granting a waiver, the Office of Victim
    26     Advocate shall notify and require the agency to:
    27             (i)  Maintain the confidentiality of a program
    28         participant's actual address.
    29             (ii)  Limit the use and access of that address.
    30             (iii)  Designate an address disposition date after
    20030H1262B3631                  - 9 -     

     1         which the agency may no longer maintain the record of the
     2         address.
     3             (iv)  Adopt any other provisions and qualifications
     4         determined appropriate by the Office of Victim Advocate.
     5     (d)  Denial.--The Office of Victim Advocate's denial of an
     6  agency's waiver request shall be made in writing and include a
     7  statement of specific reasons for denial.
     8     (e)  Appeal.--An agency may appeal the denial of its request
     9  pursuant to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
    10  procedure of Commonwealth agencies).
    11  § 6710.  Emergency disclosure.
    12     (a)  General rule.--The Office of Victim Advocate shall
    13  establish a system to handle emergencies that will provide, on a
    14  24-hour basis, access to the actual address of a program
    15  participant.
    16     (b)  Criteria.--The Office of Victim Advocate may provide
    17  disclosure where:
    18         (1)  failure to disclose a participant's actual address
    19     may result in physical harm to a program participant or the
    20     participant's family member if immediate disclosure is not
    21     made; or
    22         (2)  for law enforcement purposes, where the agency is
    23     carrying out its normal functions and circumstances warrant
    24     immediate disclosure.
    25     (c)  Procedure.--The Office of Victim Advocate, when
    26  disclosing the program participant's actual address under this
    27  section, shall:
    28         (1)  Verify the requesting party's identity and an
    29     immediate need to receive the information.
    30         (2)  Upon a finding that the agency satisfies the
    20030H1262B3631                 - 10 -     

     1     criteria under subsection (b), provide the agency with the
     2     actual address.
     3     (d)  Limited liability.--In no event shall the Office of
     4  Victim Advocate be liable for good faith disclosure of a program
     5  participant's actual address, nor shall the Office of the Victim
     6  Advocate be liable for failure to disclose a program
     7  participant's actual address under this section.
     8  § 6711.  Penalties.
     9     (a)  False information.--Any person who knowingly provides
    10  false information in regard to a material fact in an application
    11  under section 6704 (relating to application and certification
    12  process) or 6705 (relating to persons eligible to become program
    13  participants) shall be subject to termination from the program
    14  and criminal penalties under 18 Pa.C.S. § 4904(a) (relating to
    15  unsworn falsification to authorities).
    16     (b)  Access by fraud or misrepresentation.--
    17         (1)  Any person who attempts to gain access to any
    18     program participant's actual address through fraud or
    19     misrepresentation commits a misdemeanor of the first degree
    20     punishable under 18 Pa.C.S. §§ 106(a)(5) and (b)(6) (relating
    21     to classes of offenses) and 1101(4) (relating to fines).
    22         (2)  Any person who commits:
    23             (i)  a subsequent offense under paragraph (1); or
    24             (ii)  a first offense under paragraph (1) who has
    25         previously been convicted of any crime involving any
    26         program participant or the participant's family or
    27         household members as defined by section 6102 (relating to
    28         definitions), including, but not limited to, a violation
    29         of:
    30                 (A)  18 Pa.C.S. § 2701 (relating to simple
    20030H1262B3631                 - 11 -     

     1             assault);
     2                 (B)  18 Pa.C.S. § 2702 (relating to aggravated
     3             assault);
     4                 (C)  18 Pa.C.S. § 2705 (relating to recklessly
     5             endangering another person);
     6                 (D)  18 Pa.C.S. § 2709 (relating to harassment)
     7                 (E)  18 Pa.C.S. § 2901 (relating to kidnapping);
     8                 (F)  18 Pa.C.S. § 3121 (relating to rape);
     9                 (G)  18 Pa.C.S. § 3123 (relating to involuntary
    10             deviate sexual intercourse);
    11                 (H)  18 Pa.C.S. § 4954 (relating to protective
    12             orders); or
    13                 (I)  23 Pa.C.S. § 6108 (relating to relief);
    14             commits a felony of the third degree punishable under
    15             18 Pa.C.S. §§ 106(a)(4) and (b)(4) and 1101(3).
    16  § 6712.  Rules and regulations.
    17     The Office of Victim Advocate may adopt rules and regulations
    18  to administer this chapter.
    19     Section 2.  This act shall take effect in 180 days.
    20     SECTION 1.  SECTION 1302 OF TITLE 23 OF THE PENNSYLVANIA       <--
    21  CONSOLIDATED STATUTES IS AMENDED TO READ:
    22  § 1302.  APPLICATION FOR LICENSE.
    23     (A)  GENERAL RULE.--NO MARRIAGE LICENSE SHALL BE ISSUED
    24  EXCEPT UPON WRITTEN AND VERIFIED APPLICATION MADE BY BOTH OF THE
    25  PARTIES INTENDING TO MARRY.
    26     (B)  CONTENTS.--THE APPLICATION SHALL CONTAIN THE FOLLOWING:
    27         (1)  THE FULL NAME OF THE APPLICANTS.
    28         (2)  THE OCCUPATION, BIRTHPLACE, RESIDENCE AND AGE OF THE
    29     APPLICANTS. AN APPLICANT INTENDING TO MARRY WHO IS A PROGRAM
    30     PARTICIPANT IN THE ADDRESS CONFIDENTIALITY PROGRAM UNDER
    20030H1262B3631                 - 12 -     

     1     CHAPTER 67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM
     2     ADDRESS CONFIDENTIALITY) MAY USE THE SUBSTITUTE ADDRESS
     3     DESIGNATED BY THE OFFICE OF VICTIM ADVOCATE PURSUANT TO
     4     CHAPTER 67 AS THE ADDRESS OF THEIR RESIDENCE.
     5         (3)  WHETHER THE MARRIAGE CONTEMPLATED IS THE FIRST,
     6     SECOND OR OTHER MARRIAGE OF AN APPLICANT.
     7         (4)  A STATEMENT THAT NEITHER OF THE APPLICANTS IS
     8     AFFLICTED WITH TRANSMISSIBLE DISEASE.
     9         (5)  THE FULL NAME, RESIDENCE, OCCUPATION AND BIRTHPLACE
    10     OF THE PARENTS OF EACH APPLICANT, INCLUDING THE MAIDEN NAME
    11     OF THE MOTHER OF EACH APPLICANT. AN APPLICANT MAY USE THE
    12     SUBSTITUTE ADDRESS DESIGNATED BY THE OFFICE OF VICTIM
    13     ADVOCATE PURSUANT TO CHAPTER 67 FOR A PARENT'S RESIDENCE IF:
    14             (I)  THE APPLICANT IS A PROGRAM PARTICIPANT IN THE
    15         ADDRESS CONFIDENTIALITY PROGRAM UNDER CHAPTER 67 AND THE
    16         APPLICANT RESIDES WITH THE APPLICANT'S PARENTS; OR
    17             (II)  THE APPLICANT'S PARENT IS A PROGRAM PARTICIPANT
    18         IN THE ADDRESS CONFIDENTIALITY PROGRAM UNDER CHAPTER 67.
    19         (6)  ANY OTHER FACTS NECESSARY TO DETERMINE WHETHER A
    20     LEGAL IMPEDIMENT TO THE PROPOSED MARRIAGE EXISTS.
    21     SECTION 2.  TITLE 23 IS AMENDED BY ADDING A CHAPTER TO READ:
    22                             CHAPTER 67
    23    DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
    24  SEC.
    25  6701.  SHORT TITLE OF CHAPTER.
    26  6702.  DEFINITIONS.
    27  6703.  ADDRESS CONFIDENTIALITY PROGRAM.
    28  6704.  PERSONS ELIGIBLE TO APPLY.
    29  6705.  APPLICATION AND CERTIFICATION PROCESS.
    30  6706.  CANCELLATION, EXPIRATION AND VOLUNTARY WITHDRAWAL.
    20030H1262B3631                 - 13 -     

     1  6707.  AGENCY USE OF DESIGNATED ADDRESS.
     2  6708.  DISCLOSURE OF ACTUAL ADDRESS.
     3  6709.  WAIVER PROCESS.
     4  6710.  EMERGENCY DISCLOSURE.
     5  6711.  PENALTIES.
     6  6712.  RULES AND REGULATIONS.
     7  6713.  CIVIL IMMUNITY.
     8  § 6701.  SHORT TITLE OF CHAPTER.
     9     THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE DOMESTIC
    10  AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY ACT.
    11  § 6702.  DEFINITIONS.
    12     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    13  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    14  CONTEXT CLEARLY INDICATES OTHERWISE:
    15     "ACTUAL ADDRESS."  A RESIDENTIAL ADDRESS, SCHOOL ADDRESS OR
    16  WORK ADDRESS OF AN INDIVIDUAL.
    17     "LAW ENFORCEMENT AGENCY."  A POLICE DEPARTMENT OF A CITY,
    18  BOROUGH, INCORPORATED TOWN OR TOWNSHIP, THE PENNSYLVANIA STATE
    19  POLICE, DISTRICT ATTORNEYS' OFFICES, AND THE OFFICE OF ATTORNEY
    20  GENERAL.
    21     "OFFICE OF VICTIM ADVOCATE."  THE OFFICE ESTABLISHED UNDER
    22  SECTION 301 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111),
    23  KNOWN AS THE CRIME VICTIMS ACT, THAT IS RESPONSIBLE FOR THE
    24  ADDRESS CONFIDENTIALITY PROGRAM PURSUANT TO THIS CHAPTER.
    25     "PROGRAM PARTICIPANT."  A PERSON CERTIFIED BY THE OFFICE OF
    26  VICTIM ADVOCATE AS ELIGIBLE TO PARTICIPATE IN THE ADDRESS
    27  CONFIDENTIALITY PROGRAM ESTABLISHED BY THIS CHAPTER.
    28     "SUBSTITUTE ADDRESS."  THE OFFICIAL ADDRESS OF THE OFFICE OF
    29  VICTIM ADVOCATE OR A CONFIDENTIAL ADDRESS DESIGNATED BY THE
    30  OFFICE OF VICTIM ADVOCATE.
    20030H1262B3631                 - 14 -     

     1     "VICTIM OF DOMESTIC VIOLENCE."  A PERSON WHO IS A VICTIM AS
     2  DEFINED BY SECTION 6102 (RELATING TO DEFINITIONS).
     3     "VICTIM OF SEXUAL ASSAULT."  A VICTIM OF AN OFFENSE
     4  ENUMERATED IN 18 PA.C.S. §§ 3121 (RELATING TO RAPE), 4302
     5  (RELATING TO INCEST), 6312 (RELATING TO SEXUAL ABUSE OF
     6  CHILDREN), 6318 (RELATING TO UNLAWFUL CONTACT WITH MINOR) AND
     7  6320 (RELATING TO SEXUAL EXPLOITATION OF CHILDREN).
     8     "VICTIM OF STALKING."  A VICTIM OF AN OFFENSE ENUMERATED IN
     9  18 PA.C.S. § 2709.1 (RELATING TO STALKING).
    10  § 6703.  ADDRESS CONFIDENTIALITY PROGRAM.
    11     (A)  ESTABLISHMENT.--THE OFFICE OF VICTIM ADVOCATE SHALL
    12  ESTABLISH A PROGRAM TO BE KNOWN AS THE ADDRESS CONFIDENTIALITY
    13  PROGRAM. UPON APPLICATION AND CERTIFICATION, PERSONS ELIGIBLE
    14  UNDER SECTION 6704 (RELATING TO PERSONS ELIGIBLE TO APPLY) SHALL
    15  RECEIVE A CONFIDENTIAL, SUBSTITUTE ADDRESS PROVIDED BY THE
    16  OFFICE OF VICTIM ADVOCATE.
    17     (B)  ADMINISTRATION.--THE OFFICE OF VICTIM ADVOCATE SHALL
    18  FORWARD ALL FIRST CLASS, REGISTERED AND CERTIFIED MAIL AT NO
    19  EXPENSE TO A PROGRAM PARTICIPANT WITHIN THREE BUSINESS DAYS. THE
    20  OFFICE OF VICTIM ADVOCATE MAY ARRANGE TO RECEIVE AND FORWARD
    21  OTHER CLASSES OR KINDS OF MAIL AT THE PROGRAM PARTICIPANT'S
    22  EXPENSE.
    23     (C)  NOTICE.--UPON CERTIFICATION, THE OFFICE OF VICTIM
    24  ADVOCATE SHALL PROVIDE NOTICE OF PARTICIPATION AND THE PROGRAM
    25  PARTICIPANT'S SUBSTITUTE ADDRESS TO APPROPRIATE COURT OFFICIALS
    26  INVOLVED IN AN ONGOING CIVIL OR CRIMINAL CASE IN WHICH A PROGRAM
    27  PARTICIPANT IS A VICTIM, WITNESS, PLAINTIFF OR DEFENDANT.
    28     (D)  RECORDS.--ALL RECORDS RELATING TO APPLICANTS AND PROGRAM
    29  PARTICIPANTS ARE THE PROPERTY OF THE OFFICE OF VICTIM ADVOCATE.
    30  THESE RECORDS, INCLUDING PROGRAM APPLICATIONS, PARTICIPANTS'
    20030H1262B3631                 - 15 -     

     1  ACTUAL ADDRESSES AND WAIVER PROCEEDINGS, SHALL BE KEPT
     2  CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE
     3  ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE
     4  RIGHT-TO-KNOW LAW, EXCEPT THAT RECORDS MAY BE RELEASED AS
     5  SPECIFICALLY SET FORTH IN THIS CHAPTER AND TO A DISTRICT
     6  ATTORNEY TO THE EXTENT NECESSARY FOR THE PROSECUTION OF CONDUCT
     7  AS SET FORTH IN SECTION 6711 (RELATING TO PENALTIES).
     8  § 6704.  PERSONS ELIGIBLE TO APPLY.
     9     THE FOLLOWING PERSONS SHALL BE ELIGIBLE TO APPLY TO BECOME
    10  PROGRAM PARTICIPANTS:
    11         (1)  A VICTIM OF DOMESTIC VIOLENCE WHO FILES AN AFFIDAVIT
    12     WITH THE OFFICE OF VICTIM ADVOCATE STATING THE AFFIANT'S
    13     ELIGIBILITY FOR A PROTECTION FROM ABUSE ORDER AND FURTHER
    14     STATING THAT THE AFFIANT FEARS FUTURE VIOLENT ACTS BY THE
    15     PERPETRATOR OF THE ABUSE.
    16         (2)  A VICTIM OF SEXUAL ASSAULT WHO FILES AN AFFIDAVIT
    17     WITH THE OFFICE OF VICTIM ADVOCATE DESCRIBING THE
    18     PERPETRATOR'S VIOLENT ACTIONS OR THREATENED VIOLENT ACTIONS
    19     TOWARD THE AFFIANT AND FURTHER STATING THAT THE AFFIANT FEARS
    20     FUTURE VIOLENT ACTS BY THE PERPETRATOR OF THE SEXUAL
    21     VIOLENCE.
    22         (3)  A VICTIM OF STALKING WHO FILES AN AFFIDAVIT WITH THE
    23     OFFICE OF VICTIM ADVOCATE DESCRIBING THE PERPETRATOR'S COURSE
    24     OF CONDUCT OR REPEATED ACTIONS TOWARD THE AFFIANT MEETING THE
    25     CRITERIA ENUMERATED IN 18 PA.C.S. § 2709.1 (RELATING TO
    26     STALKING) AND FURTHER STATING THAT THE AFFIANT FEARS FUTURE
    27     VIOLENT ACTS BY THE PERPETRATOR OF THE STALKING.
    28         (4)  A PERSON WHO IS A MEMBER OF THE SAME HOUSEHOLD AS A
    29     PROGRAM PARTICIPANT.
    30         (5)  A PROGRAM PARTICIPANT WHO NOTIFIES THE OFFICE OF
    20030H1262B3631                 - 16 -     

     1     VICTIM ADVOCATE OF THE PARTICIPANT'S INTENT TO CONTINUE IN
     2     THE PROGRAM PRIOR TO THE EXPIRATION OF CERTIFICATION.
     3  § 6705.  APPLICATION AND CERTIFICATION PROCESS.
     4     (A)  GENERAL RULE.--A PERSON MUST FILE AN APPLICATION WITH
     5  THE OFFICE OF VICTIM ADVOCATE ON A FORM PRESCRIBED BY THE OFFICE
     6  OF VICTIM ADVOCATE. THE OFFICE OF VICTIM ADVOCATE SHALL CERTIFY
     7  ELIGIBLE APPLICANTS AS PROGRAM PARTICIPANTS IN ACCORDANCE WITH
     8  THE PROCEDURES OUTLINED IN SUBSECTION (B). CERTIFICATION SHALL
     9  BE VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF
    10  CERTIFICATION UNLESS THE CERTIFICATION IS WITHDRAWN OR CANCELED
    11  BEFORE THE EXPIRATION OF THAT PERIOD.
    12     (B)  REQUIREMENTS FOR CERTIFICATION.--THE OFFICE OF VICTIM
    13  ADVOCATE SHALL CERTIFY AN APPLICANT AS A PROGRAM PARTICIPANT IF:
    14         (1)  THE APPLICANT MEETS THE ELIGIBILITY REQUIREMENTS
    15     UNDER SECTION 6704 (RELATING TO PERSONS ELIGIBLE TO APPLY).
    16         (2)  THE APPLICANT DESIGNATES THE OFFICE OF VICTIM
    17     ADVOCATE AS AN AGENT FOR THE PURPOSE OF RECEIVING SERVICE OF
    18     PROCESS.
    19         (3)  THE APPLICATION CONTAINS THE APPLICANT'S ACTUAL
    20     ADDRESS AND TELEPHONE NUMBER WHERE THE APPLICANT CAN BE
    21     CONTACTED.
    22         (4)  THE APPLICATION CONTAINS A LIST OF ALL PENDING CIVIL
    23     AND CRIMINAL PROCEEDINGS, IN WHICH THE APPLICANT IS A VICTIM,
    24     WITNESS, PLAINTIFF OR DEFENDANT AND, IF APPLICABLE, THE
    25     APPLICANT'S INVOLVEMENT WITH STATE AND COUNTY PROBATION AND
    26     PAROLE.
    27         (5)  THE APPLICATION CONTAINS A STATEMENT SIGNED BY THE
    28     APPLICANT AFFIRMING THAT THE INFORMATION PROVIDED BY THE
    29     APPLICANT IS TRUE TO THE BEST OF THE APPLICANT'S INFORMATION,
    30     KNOWLEDGE AND BELIEF.
    20030H1262B3631                 - 17 -     

     1         (6)  THE APPLICATION CONTAINS A STATEMENT SIGNED BY THE
     2     APPLICANT ACKNOWLEDGING THAT THE APPLICANT HAS A CONTINUING
     3     DUTY TO NOTIFY THE OFFICE OF VICTIM ADVOCATE OF ANY CHANGE IN
     4     THE INFORMATION PROVIDED TO THE OFFICE OF VICTIM ADVOCATE IN
     5     ACCORDANCE WITH THIS CHAPTER. THE DUTY SHALL REMAIN IN EFFECT
     6     FOR THE DURATION OF PARTICIPATION IN THE PROGRAM.
     7         (7)  THE APPLICATION CONTAINS THE DATE, THE APPLICANT'S
     8     SIGNATURE AND THE SIGNATURE OF ANY PERSON WHO ASSISTED IN THE
     9     PREPARATION OF THE APPLICATION.
    10  § 6706.  CANCELLATION, EXPIRATION AND VOLUNTARY WITHDRAWAL.
    11     (A)  CANCELLATION.--THE OFFICE OF VICTIM ADVOCATE SHALL
    12  CANCEL THE CERTIFICATION OF A PROGRAM PARTICIPANT IF:
    13         (1)  THE PROGRAM PARTICIPANT WILLINGLY PROVIDED FALSE
    14     INFORMATION ON ANY PORTION OF THE APPLICATION;
    15         (2)  THE PROGRAM PARTICIPANT FAILED TO NOTIFY THE OFFICE
    16     OF VICTIM ADVOCATE WITHIN FIVE DAYS OF A NAME CHANGE OR AN
    17     ADDRESS CHANGE; OR
    18         (3)  THE PROGRAM PARTICIPANT'S MAIL IS RETURNED TO THE
    19     OFFICE OF VICTIM ADVOCATE AS NONDELIVERABLE.
    20     (B)  EXPIRATION.--CERTIFICATION AS A PROGRAM PARTICIPANT
    21  SHALL EXPIRE THREE YEARS FROM THE DATE ON WHICH AN APPLICANT WAS
    22  CERTIFIED AS A PROGRAM PARTICIPANT. THE OFFICE OF VICTIM
    23  ADVOCATE SHALL SEND WRITTEN NOTIFICATION OF PENDING EXPIRATION
    24  TO A PROGRAM PARTICIPANT'S LAST KNOWN ACTUAL ADDRESS 30 DAYS
    25  PRIOR TO THE EXPIRATION OF CERTIFICATION.
    26     (C)  WITHDRAWAL.--A PROGRAM PARTICIPANT MAY WITHDRAW AT ANY
    27  TIME BY NOTIFYING THE OFFICE OF VICTIM ADVOCATE IN WRITING.
    28     (D)  EFFECT OF CANCELLATION, EXPIRATION OR WITHDRAWAL.--
    29  NOTWITHSTANDING CANCELLATION, EXPIRATION OR PRIOR WITHDRAWAL
    30  FROM THE PROGRAM, ALL PERSONS ELIGIBLE TO APPLY TO BECOME
    20030H1262B3631                 - 18 -     

     1  PROGRAM PARTICIPANTS MAY REAPPLY FOR PARTICIPATION IN THE
     2  PROGRAM.
     3  § 6707.  AGENCY USE OF DESIGNATED ADDRESS.
     4     STATE AND LOCAL GOVERNMENT AGENCIES SHALL ACCEPT THE
     5  SUBSTITUTE ADDRESS DESIGNATED BY THE OFFICE OF VICTIM ADVOCATE
     6  AS THE PROGRAM PARTICIPANT'S ADDRESS, EXCEPT AS FOLLOWS:
     7         (1)  WHEN THE STATE OR LOCAL GOVERNMENT AGENCY HAS BEEN
     8     GRANTED A WAIVER PURSUANT TO SECTION 6709 (RELATING TO WAIVER
     9     PROCESS); OR
    10         (2)  WHEN THE PROGRAM PARTICIPANT IS ANY OF THE
    11     FOLLOWING:
    12             (I)  A RELEASED OFFENDER COMPLYING WITH STATE OR
    13         COUNTY PROBATION OR PAROLE REQUIREMENTS; OR
    14             (II)  A CONVICTED SEXUAL OFFENDER WHO HAS FULFILLED
    15         THE OFFENDER'S SENTENCE BUT MUST REGISTER THE OFFENDER'S
    16         COMMUNITY RESIDENCE AS REQUIRED UNDER 42 PA.C.S. §§
    17         9795.1 (RELATING TO REGISTRATION) AND 9795.2 (RELATING TO
    18         REGISTRATION PROCEDURES AND APPLICABILITY) OR ANY SIMILAR
    19         REGISTRATION REQUIREMENT IMPOSED BY ANY OTHER
    20         JURISDICTION.
    21  § 6708.  DISCLOSURE OF ACTUAL ADDRESS.
    22     THE OFFICE OF VICTIM ADVOCATE SHALL NOT DISCLOSE THE ACTUAL
    23  ADDRESS OF A PROGRAM PARTICIPANT EXCEPT TO ANY OF THE FOLLOWING:
    24         (1)  A STATE OR LOCAL GOVERNMENT AGENCY WHEN THE STATE OR
    25     LOCAL GOVERNMENT AGENCY HAS BEEN GRANTED A WAIVER BY THE
    26     OFFICE OF VICTIM ADVOCATE AND THE DISCLOSURE IS MADE PURSUANT
    27     TO SECTION 6709 (RELATING TO WAIVER PROCESS).
    28         (2)  A PERSON OR AGENCY WHEN DISCLOSURE IS DETERMINED BY
    29     THE OFFICE OF VICTIM ADVOCATE TO BE REQUIRED DUE TO AN
    30     EMERGENCY AND THE DISCLOSURE IS MADE PURSUANT TO SECTION 6710
    20030H1262B3631                 - 19 -     

     1     (RELATING TO EMERGENCY DISCLOSURE).
     2         (3)  A PERSON IDENTIFIED IN AN ORDER OF COURT DIRECTING
     3     THE OFFICE OF VICTIM ADVOCATE TO DISCLOSE THE PROGRAM
     4     PARTICIPANT'S ACTUAL ADDRESS AND DISCLOSURE IS MADE PURSUANT
     5     TO THE COURT ORDER.
     6  § 6709.  WAIVER PROCESS.
     7     (A)  REQUEST FOR WAIVER.--A STATE OR LOCAL GOVERNMENT AGENCY
     8  REQUESTING DISCLOSURE OF A PROGRAM PARTICIPANT'S ACTUAL ADDRESS
     9  PURSUANT TO THIS SECTION SHALL MAKE SUCH A REQUEST IN WRITING ON
    10  AGENCY LETTERHEAD AND SHALL PROVIDE THE OFFICE OF VICTIM
    11  ADVOCATE WITH THE FOLLOWING INFORMATION:
    12         (1)  THE NAME OF THE PROGRAM PARTICIPANT FOR WHOM THE
    13     AGENCY SEEKS DISCLOSURE OF THE ACTUAL ADDRESS.
    14         (2)  A STATEMENT, WITH EXPLANATION, SETTING FORTH THE
    15     REASON OR REASONS THAT THE AGENCY NEEDS THE PROGRAM
    16     PARTICIPANT'S ACTUAL ADDRESS AND A STATEMENT THAT THE AGENCY
    17     CANNOT MEET ITS STATUTORY OR ADMINISTRATIVE OBLIGATIONS
    18     WITHOUT DISCLOSURE OF THE PROGRAM PARTICIPANT'S ACTUAL
    19     ADDRESS.
    20         (3)  A PARTICULAR STATEMENT OF FACTS SHOWING THAT OTHER
    21     METHODS TO LOCATE THE PROGRAM PARTICIPANT OR THE PROGRAM
    22     PARTICIPANT'S ACTUAL ADDRESS HAVE BEEN TRIED AND HAVE FAILED
    23     OR THAT THE METHODS REASONABLY APPEAR TO BE UNLIKELY TO
    24     SUCCEED.
    25         (4)  A STATEMENT THAT THE AGENCY HAS ADOPTED A PROCEDURE
    26     SETTING FORTH THE STEPS THE AGENCY WILL TAKE TO PROTECT THE
    27     CONFIDENTIALITY OF THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS.
    28     (B)  NOTICE TO PROGRAM PARTICIPANT.--
    29         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (3), THE OFFICE OF
    30     VICTIM ADVOCATE SHALL PROVIDE THE PROGRAM PARTICIPANT WITH
    20030H1262B3631                 - 20 -     

     1     NOTICE OF A REQUEST FOR WAIVER RECEIVED PURSUANT TO
     2     SUBSECTION (A) AND TO THE EXTENT POSSIBLE, THE PROGRAM
     3     PARTICIPANT SHALL BE AFFORDED AN OPPORTUNITY TO BE HEARD
     4     REGARDING THE REQUEST.
     5         (2)  EXCEPT AS PROVIDED IN PARAGRAPH (3), THE OFFICE OF
     6     VICTIM ADVOCATE SHALL PROVIDE THE PROGRAM PARTICIPANT WITH
     7     WRITTEN NOTIFICATION WHENEVER A WAIVER HAS BEEN GRANTED OR
     8     DENIED PURSUANT TO THIS SECTION.
     9         (3)  NO NOTICE OR OPPORTUNITY TO BE HEARD SHALL BE GIVEN
    10     TO THE PROGRAM PARTICIPANT WHEN THE REQUEST FOR DISCLOSURE IS
    11     MADE BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY CONDUCTING A
    12     CRIMINAL INVESTIGATION INVOLVING ALLEGED CRIMINAL CONDUCT BY
    13     THE PROGRAM PARTICIPANT OR WHEN PROVIDING NOTICE TO THE
    14     PROGRAM PARTICIPANT WOULD JEOPARDIZE AN ONGOING CRIMINAL
    15     INVESTIGATION OR THE SAFETY OF LAW ENFORCEMENT PERSONNEL.
    16     (C)  REVIEW OF REQUEST FOR WAIVER.--THE OFFICE OF VICTIM
    17  ADVOCATE SHALL PROMPTLY CONDUCT A REVIEW OF ALL REQUESTS
    18  RECEIVED PURSUANT TO THIS SECTION. IN CONDUCTING A REVIEW, THE
    19  OFFICE OF VICTIM ADVOCATE SHALL CONSIDER ALL INFORMATION
    20  RECEIVED PURSUANT TO SUBSECTIONS (A) AND (B) AND ANY OTHER
    21  APPROPRIATE INFORMATION THAT THE OFFICE OF VICTIM ADVOCATE MAY
    22  REQUIRE.
    23     (D)  CRITERIA FOR GRANTING A REQUEST FOR WAIVER.--THE OFFICE
    24  OF VICTIM ADVOCATE SHALL GRANT A STATE OR LOCAL GOVERNMENT
    25  AGENCY'S REQUEST FOR WAIVER AND RELEASE A PROGRAM PARTICIPANT'S
    26  ACTUAL ADDRESS PURSUANT TO THIS SECTION IF:
    27         (1)  THE AGENCY HAS A BONA FIDE STATUTORY OR
    28     ADMINISTRATIVE NEED FOR THE ACTUAL ADDRESS;
    29         (2)  THE ACTUAL ADDRESS WILL ONLY BE USED FOR THE PURPOSE
    30     STATED IN THE REQUEST;
    20030H1262B3631                 - 21 -     

     1         (3)  OTHER METHODS TO LOCATE THE PROGRAM PARTICIPANT OR
     2     THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS HAVE BEEN TRIED AND
     3     HAVE FAILED, OR THAT SUCH METHODS REASONABLY APPEAR TO BE
     4     UNLIKELY TO SUCCEED; AND
     5         (4)  THE AGENCY HAS ADOPTED A PROCEDURE FOR PROTECTING
     6     THE CONFIDENTIALITY OF THE ACTUAL ADDRESS OF THE PROGRAM
     7     PARTICIPANT.
     8     (E)  FORM OF WAIVER.--UPON GRANTING A REQUEST FOR WAIVER
     9  PURSUANT TO THIS SECTION, THE OFFICE OF VICTIM ADVOCATE SHALL
    10  PROVIDE THE STATE OR LOCAL GOVERNMENT AGENCY RECEIVING THE
    11  WAIVER WITH A FORM CONTAINING:
    12         (1)  THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS;
    13         (2)  A STATEMENT SETTING FORTH THE PERMITTED USE OF THE
    14     ACTUAL ADDRESS AND THE NAMES OR CLASSES OF PERSONS PERMITTED
    15     TO HAVE ACCESS TO AND USE OF THE ACTUAL ADDRESS;
    16         (3)  A STATEMENT THAT THE AGENCY RECEIVING THE WAIVER IS
    17     REQUIRED TO LIMIT ACCESS TO AND USE OF THE ACTUAL ADDRESS TO
    18     THE PERMITTED USE AND PERSONS SET FORTH IN THE WAIVER; AND
    19         (4)  THE DATE ON WHICH THE WAIVER EXPIRES, IF THE
    20     PERMITTED USE MAKES THE EXPIRATION APPROPRIATE, AFTER WHICH
    21     THE AGENCY MAY NO LONGER MAINTAIN, USE OR HAVE ACCESS TO THE
    22     ACTUAL ADDRESS.
    23     (F)  REQUIREMENTS OF A STATE AND LOCAL GOVERNMENT AGENCY
    24  RECEIVING A WAIVER.--A STATE OR LOCAL GOVERNMENT AGENCY GRANTED
    25  A WAIVER BY THE OFFICE OF VICTIM ADVOCATE PURSUANT TO THIS
    26  SECTION SHALL:
    27         (1)  LIMIT THE USE OF THE PROGRAM PARTICIPANT'S ACTUAL
    28     ADDRESS TO THE PURPOSES SET FORTH IN THE WAIVER;
    29         (2)  LIMIT THE ACCESS TO THE PROGRAM PARTICIPANT'S ACTUAL
    30     ADDRESS TO THE PERSONS OR CLASSES OF PERSONS SET FORTH IN THE
    20030H1262B3631                 - 22 -     

     1     WAIVER;
     2         (3)  CEASE TO USE AND DISPOSE OF THE PROGRAM
     3     PARTICIPANT'S ACTUAL ADDRESS UPON THE EXPIRATION OF THE
     4     WAIVER; AND
     5         (4)  EXCEPT AS OTHERWISE SET FORTH IN THE WAIVER,
     6     MAINTAIN THE CONFIDENTIALITY OF A PROGRAM PARTICIPANT'S
     7     ACTUAL ADDRESS.
     8     (G)  DENIAL OF REQUEST FOR WAIVER.--UPON DENIAL OF A STATE OR
     9  LOCAL GOVERNMENT AGENCY'S REQUEST FOR WAIVER, THE OFFICE OF
    10  VICTIM ADVOCATE SHALL PROVIDE PROMPT WRITTEN NOTIFICATION TO THE
    11  AGENCY STATING THAT THE AGENCY'S REQUEST HAS BEEN DENIED AND
    12  SETTING FORTH THE SPECIFIC REASONS FOR THE DENIAL.
    13     (H)  FILING OF EXCEPTIONS.--A STATE OR LOCAL GOVERNMENT
    14  AGENCY MAY FILE WRITTEN EXCEPTIONS WITH THE OFFICE OF VICTIM
    15  ADVOCATE NO MORE THAN 15 DAYS AFTER WRITTEN NOTIFICATION IS
    16  PROVIDED PURSUANT TO SUBSECTION (G). THE EXCEPTIONS SHALL
    17  RESTATE THE INFORMATION CONTAINED IN THE REQUEST FOR WAIVER,
    18  STATE THE GROUNDS UPON WHICH THE AGENCY ASSERTS THAT THE REQUEST
    19  FOR WAIVER SHOULD BE GRANTED AND SPECIFICALLY RESPOND TO THE
    20  OFFICE OF VICTIM ADVOCATE'S SPECIFIC REASONS FOR DENIAL.
    21     (I)  REVIEW OF EXCEPTIONS AND DETERMINATION.--UNLESS THE
    22  STATE OR LOCAL GOVERNMENT AGENCY FILING EXCEPTIONS AGREES
    23  OTHERWISE, THE OFFICE OF VICTIM ADVOCATE SHALL MAKE A FINAL
    24  DETERMINATION REGARDING THE EXCEPTIONS WITHIN 30 DAYS AFTER THE
    25  FILING OF EXCEPTIONS PURSUANT TO SUBSECTION (H). PRIOR TO MAKING
    26  A FINAL DETERMINATION REGARDING THE EXCEPTIONS, THE OFFICE OF
    27  VICTIM ADVOCATE MAY REQUEST ADDITIONAL INFORMATION FROM THE
    28  AGENCY OR THE PROGRAM PARTICIPANT AND CONDUCT A HEARING. IF THE
    29  FINAL DETERMINATION OF THE OFFICE OF VICTIM ADVOCATE IS THAT THE
    30  DENIAL OF THE AGENCY'S REQUEST FOR WAIVER WAS PROPERLY DENIED,
    20030H1262B3631                 - 23 -     

     1  THE OFFICE OF VICTIM ADVOCATE SHALL PROVIDE THE AGENCY WITH
     2  WRITTEN NOTIFICATION OF THIS FINAL DETERMINATION STATING THAT
     3  THE AGENCY'S REQUEST HAS AGAIN BEEN DENIED AND SETTING FORTH THE
     4  SPECIFIC REASONS FOR THE DENIAL. IF THE FINAL DETERMINATION OF
     5  THE OFFICE OF VICTIM ADVOCATE IS THAT THE DENIAL OF THE AGENCY'S
     6  REQUEST FOR WAIVER HAS BEEN IMPROPERLY DENIED, THE OFFICE OF
     7  VICTIM ADVOCATE SHALL GRANT THE AGENCY'S REQUEST FOR WAIVER IN
     8  ACCORDANCE WITH THIS SECTION. THE FINAL DETERMINATION OF THE
     9  OFFICE OF VICTIM ADVOCATE SHALL BE THE FINAL ORDER OF THE OFFICE
    10  OF VICTIM ADVOCATE.
    11     (J)  AGENCY APPEAL OF FINAL DETERMINATION.--WITHIN 30 DAYS
    12  AFTER NOTIFICATION THAT THE OFFICE OF VICTIM ADVOCATE HAS MADE A
    13  FINAL DETERMINATION AFFIRMING THE DENIAL OF A STATE OR LOCAL
    14  GOVERNMENT AGENCY'S REQUEST FOR WAIVER, AN AGENCY MAY FILE A
    15  PETITION FOR REVIEW OR ANY SUCH OTHER DOCUMENT AS PERMITTED OR
    16  REQUIRED BY GENERAL COURT RULES. THE OFFICE OF VICTIM ADVOCATE
    17  SHALL BE GIVEN NOTICE OF ANY ACTION COMMENCED IN ACCORDANCE WITH
    18  THIS SUBSECTION OR GENERAL RULE AND SHALL BE AFFORDED AN
    19  OPPORTUNITY TO RESPOND AS PERMITTED OR REQUIRED BY GENERAL COURT
    20  RULES.
    21     (K)  RECORD ON APPEAL.--THE RECORD BEFORE ANY COURT HEARING
    22  AN AGENCY APPEAL PURSUANT TO SUBSECTION (J) SHALL CONSIST OF THE
    23  STATE OR LOCAL GOVERNMENT AGENCY'S REQUEST FOR WAIVER, THE
    24  OFFICE OF VICTIM ADVOCATE'S WRITTEN RESPONSE, THE AGENCY'S
    25  EXCEPTIONS, THE HEARING TRANSCRIPT, IF ANY, AND THE OFFICE OF
    26  VICTIM ADVOCATE'S FINAL DETERMINATION.
    27     (L)  USE OF SUBSTITUTE ADDRESS DURING CERTAIN PERIODS.--
    28  DURING ANY PERIOD OF REVIEW, EVALUATION OR APPEAL, THE AGENCY
    29  SHALL, TO THE EXTENT POSSIBLE, ACCEPT AND USE THE PROGRAM
    30  PARTICIPANT'S SUBSTITUTE ADDRESS.
    20030H1262B3631                 - 24 -     

     1     (M)  WAIVER.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
     2  PREVENT THE OFFICE OF VICTIM ADVOCATE FROM GRANTING A WAIVER TO
     3  A STATE OR LOCAL GOVERNMENT AGENCY PURSUANT TO THIS SECTION UPON
     4  RECEIPT OF A PROGRAM PARTICIPANT'S WRITTEN CONSENT TO DO SO.
     5  § 6710.  EMERGENCY DISCLOSURE.
     6     (A)  GENERAL RULE.--THE OFFICE OF VICTIM ADVOCATE SHALL
     7  ESTABLISH A SYSTEM TO RESPOND TO REQUESTS FOR EMERGENCY
     8  DISCLOSURES THAT WILL PROVIDE FOR 24-HOUR ACCESS TO A PROGRAM
     9  PARTICIPANT'S ACTUAL ADDRESS.
    10     (B)  REQUEST FOR EMERGENCY DISCLOSURE.--A GOVERNMENT AGENCY
    11  MAY REQUEST THAT THE OFFICE OF VICTIM ADVOCATE DISCLOSE A
    12  PROGRAM PARTICIPANT'S ACTUAL ADDRESS THROUGH THE SYSTEM
    13  ESTABLISHED PURSUANT TO SUBSECTION (A). THE OFFICE OF VICTIM
    14  ADVOCATE SHALL DISCLOSE A PROGRAM PARTICIPANT'S ACTUAL ADDRESS
    15  IF THE DISCLOSURE:
    16         (1)  WILL PREVENT PHYSICAL HARM TO A PROGRAM PARTICIPANT
    17     OR TO A PROGRAM PARTICIPANT'S FAMILY MEMBER; OR
    18         (2)  IS MADE TO A LAW ENFORCEMENT AGENCY FOR LAW
    19     ENFORCEMENT PURPOSES AND THE CIRCUMSTANCES WARRANT IMMEDIATE
    20     DISCLOSURE.
    21     (C)  REQUIREMENTS FOR EMERGENCY DISCLOSURE.--PRIOR TO
    22  DISCLOSING A PROGRAM PARTICIPANT'S ACTUAL ADDRESS PURSUANT TO
    23  THIS SECTION, THE OFFICE OF VICTIM ADVOCATE SHALL REQUIRE:
    24         (1)  VERIFICATION OF THE REQUESTER'S IDENTITY AND THE
    25     REQUESTER'S EMPLOYMENT WITH A GOVERNMENT AGENCY;
    26         (2)  VERIFICATION OF THE STATED REASON FOR THE REQUEST TO
    27     ADEQUATELY ENSURE THAT EMERGENCY DISCLOSURE IS REQUIRED
    28     PURSUANT TO SUBSECTION (B);
    29         (3)  PROOF, TO THE SATISFACTION OF THE OFFICE OF VICTIM
    30     ADVOCATE, THAT OTHER METHODS TO LOCATE THE PROGRAM
    20030H1262B3631                 - 25 -     

     1     PARTICIPANT OR THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS HAVE
     2     BEEN TRIED AND HAVE FAILED OR THAT THE METHODS REASONABLY
     3     APPEAR TO BE UNLIKELY TO SUCCEED GIVEN THE CIRCUMSTANCES OF
     4     THE STATED REASON FOR THE REQUEST;
     5         (4)  THAT THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS ONLY
     6     BE USED BY THE REQUESTER OR THE AGENCY TO THE EXTENT
     7     NECESSARY TO RESPOND TO THE STATED REASON FOR THE REQUEST;
     8         (5)  THAT THE REQUESTER AND THE REQUESTER'S AGENCY
     9     MAINTAIN THE CONFIDENTIALITY OF THE ACTUAL ADDRESS OF THE
    10     PROGRAM PARTICIPANT; AND
    11         (6)  THAT THE REQUESTER AND THE REQUESTER'S AGENCY AGREE
    12     TO DISPOSE OF THE PROGRAM PARTICIPANT'S ACTUAL ADDRESS AS
    13     SOON AS PRACTICABLE AFTER THE CIRCUMSTANCES SURROUNDING THE
    14     STATED REASON FOR THE REQUEST NO LONGER REQUIRE EMERGENCY
    15     DISCLOSURE PURSUANT TO THIS SECTION.
    16  § 6711.  PENALTIES.
    17     (A)  FALSE INFORMATION.--ANY PERSON WHO KNOWINGLY PROVIDES
    18  FALSE INFORMATION IN REGARD TO A MATERIAL FACT CONTAINED IN ANY
    19  APPLICATION MADE PURSUANT TO SECTION 6704 (RELATING TO PERSONS
    20  ELIGIBLE TO APPLY) OR 6705 (RELATING TO APPLICATION AND
    21  CERTIFICATION PROCESS) SHALL BE SUBJECT TO TERMINATION FROM THE
    22  PROGRAM AND TO CRIMINAL PENALTIES UNDER 18 PA.C.S. § 4904
    23  (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES).
    24     (B)  ACCESS BY FRAUD OR MISREPRESENTATION.--
    25         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (2), ANY PERSON WHO
    26     INTENTIONALLY, KNOWINGLY OR RECKLESSLY ATTEMPTS TO GAIN
    27     ACCESS TO OR GAINS ACCESS TO A PROGRAM PARTICIPANT'S ACTUAL
    28     ADDRESS BY FRAUD OR MISREPRESENTATION COMMITS A MISDEMEANOR
    29     OF THE SECOND DEGREE. A SECOND OR SUBSEQUENT VIOLATION OF
    30     THIS PARAGRAPH SHALL BE GRADED AS A FELONY OF THE THIRD
    20030H1262B3631                 - 26 -     

     1     DEGREE.
     2         (2)  A FIRST OFFENSE UNDER PARAGRAPH (1) SHALL BE GRADED
     3     AS A FELONY OF THE THIRD DEGREE IF IT IS COMMITTED BY ANY
     4     PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A CRIME OF
     5     VIOLENCE INVOLVING THE PROGRAM PARTICIPANT UNDER PARAGRAPH
     6     (1) OR THE PROGRAM PARTICIPANT'S FAMILY OR HOUSEHOLD MEMBER
     7     AS DEFINED IN SECTION 6102 (RELATING TO DEFINITIONS)
     8     INCLUDING:
     9             18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT);
    10             18 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT);
    11             18 PA.C.S. § 2705 (RELATING TO RECKLESSLY ENDANGERING
    12         ANOTHER PERSON);
    13             18 PA.C.S. § 2709 (RELATING TO HARASSMENT);
    14             18 PA.C.S. § 2709.1 (RELATING TO STALKING);
    15             18 PA.C.S. § 2901 (RELATING TO KIDNAPPING);
    16             18 PA.C.S. § 3121 (RELATING TO RAPE);
    17             18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE
    18         SEXUAL INTERCOURSE);
    19             18 PA.C.S. § 4954 (RELATING TO PROTECTIVE ORDERS); OR
    20             23 PA.C.S. § 6108 (RELATING TO RELIEF).
    21     (C)  UNAUTHORIZED USE OF DISCLOSED ACTUAL ADDRESS.--A PERSON
    22  WHO LAWFULLY OBTAINS A PROGRAM PARTICIPANT'S ACTUAL ADDRESS
    23  PURSUANT TO AN EXCEPTION CONTAINED IN SECTION 6708 (RELATING TO
    24  DISCLOSURE OF ACTUAL ADDRESS) AND WHO SUBSEQUENTLY DISCLOSES OR
    25  USES THE ACTUAL ADDRESS IN A MANNER NOT AUTHORIZED BY THIS
    26  CHAPTER COMMITS A SUMMARY OFFENSE.
    27  § 6712.  RULES AND REGULATIONS.
    28     THE OFFICE OF VICTIM ADVOCATE SHALL HAVE THE FOLLOWING DUTIES
    29  IN ORDER TO IMPLEMENT THIS CHAPTER:
    30         (1)  THE OFFICE OF VICTIM ADVOCATE SHALL ADOPT AND USE
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     1     GUIDELINES, WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA
     2     BULLETIN. THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER
     3     SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240),
     4     REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW, OR THE ACT OF
     5     JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
     6     REVIEW ACT.
     7         (2)  BY JULY 1, 2006, THE OFFICE OF VICTIM ADVOCATE
     8     SHALL, IN ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO
     9     REPLACE THE GUIDELINES UNDER PARAGRAPH (1).
    10         (3)  THE GUIDELINES UNDER PARAGRAPH (1) SHALL TAKE EFFECT
    11     IN 180 DAYS AND EXPIRE ON THE EARLIER OF THE EFFECTIVE DATE
    12     OF REGULATIONS PROMULGATED UNDER PARAGRAPH (2) OR JULY 1,
    13     2007.
    14  § 6713.  CIVIL IMMUNITY.
    15     EXCEPT FOR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL
    16  MISCONDUCT, THE OFFICE OF VICTIM ADVOCATE, LAW ENFORCEMENT
    17  AGENCIES AND ALL AGENTS, CONTRACTORS AND EMPLOYEES OF THE OFFICE
    18  OF VICTIM ADVOCATE OR A LAW ENFORCEMENT AGENCY SHALL BE IMMUNE
    19  FROM CIVIL LIABILITY IN ANY ACTION ARISING IN CONNECTION WITH
    20  THIS CHAPTER.
    21     SECTION 3.  SECTIONS 1103.1(A), 1132.1(A), 1305(A) AND (D)
    22  AND 1510(A) OF TITLE 75 ARE AMENDED TO READ:
    23  § 1103.1.  APPLICATION FOR CERTIFICATE OF TITLE.
    24     (A)  CONTENTS OF APPLICATION.--APPLICATION FOR A CERTIFICATE
    25  OF TITLE SHALL BE MADE UPON A FORM PRESCRIBED AND FURNISHED BY
    26  THE DEPARTMENT AND SHALL CONTAIN A FULL DESCRIPTION OF THE
    27  VEHICLE, THE VEHICLE IDENTIFICATION NUMBER, ODOMETER READING,
    28  DATE OF PURCHASE, THE ACTUAL OR BONA FIDE NAME AND ADDRESS OF
    29  THE OWNER, A STATEMENT OF THE TITLE OF APPLICANT, TOGETHER WITH
    30  ANY OTHER INFORMATION OR DOCUMENTS THE DEPARTMENT REQUIRES TO
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     1  IDENTIFY THE VEHICLE AND TO ENABLE THE DEPARTMENT TO DETERMINE
     2  WHETHER THE OWNER IS ENTITLED TO A CERTIFICATE OF TITLE, AND THE
     3  DESCRIPTION OF ANY SECURITY INTERESTS IN THE VEHICLE. PROGRAM
     4  PARTICIPANTS IN THE ADDRESS CONFIDENTIALITY PROGRAM UNDER 23
     5  PA.C.S. CH. 67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM
     6  ADDRESS CONFIDENTIALITY) MAY USE A SUBSTITUTE ADDRESS DESIGNATED
     7  BY THE OFFICE OF VICTIM ADVOCATE AS THEIR ADDRESS.
     8     * * *
     9  § 1132.1.  PERFECTION OF A SECURITY INTEREST IN A VEHICLE.
    10     (A)  PERFECTION.--A SECURITY INTEREST IN A VEHICLE TITLED IN
    11  THIS COMMONWEALTH IS PERFECTED AT THE TIME THE DEPARTMENT
    12  RECEIVES ALL OF THE FOLLOWING:
    13         (1)  A COMPLETED APPLICATION SPECIFYING THE LIENHOLDER'S
    14     NAME AND ADDRESS. PROGRAM PARTICIPANTS IN THE ADDRESS
    15     CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S. CH. 67 (RELATING TO
    16     DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY)
    17     MAY USE A SUBSTITUTE ADDRESS DESIGNATED BY THE OFFICE OF
    18     VICTIM ADVOCATE AS THEIR ADDRESS.
    19         (2)  AN AMOUNT EQUAL TO OR GREATER THAN THE FEE REQUIRED
    20     BY SECTION 1953 (RELATING TO SECURITY INTEREST).
    21         (3)  THE MANUFACTURER'S STATEMENT OF ORIGIN OR THE
    22     EXISTING CERTIFICATE OF TITLE FOR THE VEHICLE.
    23     * * *
    24  § 1305.  APPLICATION FOR REGISTRATION.
    25     (A)  GENERAL RULE.--APPLICATION FOR THE REGISTRATION OF A
    26  VEHICLE SHALL BE MADE TO THE DEPARTMENT UPON THE APPROPRIATE
    27  FORM OR FORMS FURNISHED BY THE DEPARTMENT. THE APPLICATION SHALL
    28  CONTAIN THE FULL NAME AND ADDRESS OF THE OWNER OR OWNERS; THE
    29  MAKE, MODEL, YEAR AND VEHICLE IDENTIFICATION NUMBER OF THE
    30  VEHICLE; AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
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     1  REQUIRE. PROGRAM PARTICIPANTS IN THE ADDRESS CONFIDENTIALITY
     2  PROGRAM UNDER 23 PA.C.S. CH. 67 (RELATING TO DOMESTIC AND SEXUAL
     3  VIOLENCE VICTIM ADDRESS CONFIDENTIALITY) MAY USE A SUBSTITUTE
     4  ADDRESS DESIGNATED BY THE OFFICE OF VICTIM ADVOCATE AS THEIR
     5  ADDRESS. APPLICANTS FOR REGISTRATION OF A TRUCK, TRUCK TRACTOR,
     6  TRAILER OR BUS SHALL PROVIDE THE VEHICLE'S GROSS VEHICLE WEIGHT
     7  RATING (GVWR), OR THE GROSS COMBINATION WEIGHT RATING (GCWR), AS
     8  APPLICABLE. IF THE MANUFACTURER'S RATINGS ARE NOT AVAILABLE, THE
     9  APPLICANT SHALL PROVIDE SUFFICIENT INFORMATION AS TO THE
    10  HORSEPOWER, BRAKING CAPACITY AND SUCH OTHER DATA AS NECESSARY
    11  FOR THE DEPARTMENT TO DETERMINE AN EQUIVALENT MEASURE OF THE
    12  VEHICLE'S HAULING AND STOPPING CAPABILITY. IF THE APPLICANT
    13  WISHES TO REGISTER A VEHICLE AT A REGISTERED GROSS WEIGHT LESS
    14  THAN THE GROSS VEHICLE WEIGHT RATING, THE APPLICATION SHALL
    15  INCLUDE INFORMATION AS TO WEIGHT, LOAD AND ANY OTHER SUCH
    16  INFORMATION AS THE DEPARTMENT MAY REQUIRE. THE APPLICATION SHALL
    17  BE ACCOMPANIED BY SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY
    18  AND THE APPLICABLE FEE.
    19     * * *
    20     (D)  SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY.--IN
    21  ADDITION TO THE OTHER REQUIREMENTS TO REGISTRATION, THE
    22  APPLICANT SHALL FILE A SELF-CERTIFICATION OF FINANCIAL
    23  RESPONSIBILITY WHICH SHALL INCLUDE:
    24         (1)  THE COMPLETE NAME, ADDRESS AND TELEPHONE NUMBER OF
    25     THE APPLICANT. PROGRAM PARTICIPANTS IN THE ADDRESS
    26     CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S. CH. 67 MAY USE A
    27     SUBSTITUTE ADDRESS DESIGNATED BY THE OFFICE OF VICTIM
    28     ADVOCATE AS THEIR ADDRESS.
    29         (2)  THE NAME OF THE INSURANCE COMPANY WHICH IS INSURING
    30     THE SUBJECT VEHICLE.
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     1         (3)  THE POLICY NUMBER, EFFECTIVE DATE AND EXPIRATION
     2     DATE OF THE POLICY OF INSURANCE INSURING THE VEHICLE.
     3  § 1510.  ISSUANCE AND CONTENT OF DRIVER'S LICENSE.
     4     (A)  GENERAL RULE.--THE DEPARTMENT SHALL, UPON PAYMENT OF THE
     5  REQUIRED FEE, ISSUE TO EVERY QUALIFIED APPLICANT A DRIVER'S
     6  LICENSE INDICATING THE TYPE OR GENERAL CLASS OF VEHICLES THE
     7  LICENSEE IS AUTHORIZED TO DRIVE AND ANY ENDORSEMENTS OR
     8  RESTRICTIONS, WHICH LICENSE SHALL CONTAIN A DISTINGUISHING
     9  NUMBER ASSIGNED BY THE DEPARTMENT TO THE LICENSEE, THE ACTUAL
    10  NAME, DATE OF BIRTH, RESIDENCE ADDRESS, A COLOR PHOTOGRAPH OR
    11  PHOTOGRAPHIC FACSIMILE OF THE LICENSEE, SUCH OTHER INFORMATION
    12  AS MAY BE REQUIRED BY THE DEPARTMENT, AND EITHER A FACSIMILE OF
    13  THE SIGNATURE OF THE LICENSEE OR A SPACE UPON WHICH THE LICENSEE
    14  SHALL WRITE HIS USUAL SIGNATURE WITH PEN AND INK. PROGRAM
    15  PARTICIPANTS IN THE ADDRESS CONFIDENTIALITY PROGRAM UNDER 23
    16  PA.C.S. CH. 67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM
    17  ADDRESS CONFIDENTIALITY) MAY USE A SUBSTITUTE ADDRESS DESIGNATED
    18  BY THE OFFICE OF VICTIM ADVOCATE AS THEIR ADDRESS. PERSONAL
    19  MEDICAL DATA AND OTHER INFORMATION FOR USE IN AN EMERGENCY MAY
    20  BE INCLUDED AS A PART OF THE LICENSE. INFORMATION OTHER THAN
    21  THAT REQUIRED TO IDENTIFY THE LICENSEE, THE DISTINGUISHING
    22  NUMBER AND THE CLASS OF LICENSE ISSUED MAY BE INCLUDED IN
    23  MICRODATA FORM. EXCEPT AS PROVIDED IN SUBSECTION (F), AN
    24  APPLICANT SHALL INCLUDE HIS SOCIAL SECURITY NUMBER ON HIS
    25  LICENSE APPLICATION, BUT THE SOCIAL SECURITY NUMBER SHALL NOT BE
    26  INCLUDED ON THE LICENSE. NO DRIVER'S LICENSE SHALL BE VALID
    27  UNTIL IT HAS BEEN SIGNED BY THE LICENSEE.
    28     * * *
    29     SECTION 4.  THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

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