PRIOR PRINTER'S NO. 1555 PRINTER'S NO. 3631
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 20030H1262B3631 - 27 -
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 20030H1262B3631 - 28 -
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 20030H1262B3631 - 29 -
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. 20030H1262B3631 - 30 -
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. C21L23JS/20030H1262B3631 - 31 -