0265-sb 0413

CHAPTER 265

SB 413-FN - FINAL VERSION

AN ACT relative to confidentiality of addresses for victims of domestic violence, stalking, or sexual assault.

SPONSORS: Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. Larsen, Dist 15; Rep. J. Wall, Straf 9; Rep. Keans, Straf 16; Rep. Gilmore, Straf 11; Rep. Taylor, Straf 11

This bill establishes in the office of the attorney general an address confidentiality program for victims of domestic violence, stalking, or sexual assault which would allow victims to establish the attorney general as their mailing address for purposes of requests for public records by state and local agencies, and for receiving service of process and regular mail.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to confidentiality of addresses for victims of domestic violence, stalking, or sexual assault.

Be it Enacted by the Senate and House of Representatives in General Court convened:

265:1 New Subdivision; Address Confidentiality Program for Victims of Domestic Violence, Stalking, and Sexual Assault. Amend RSA 7 by inserting after section 40 the following new subdivision:

7:41 Findings and Purpose. The legislature finds that persons attempting to escape from actual or threatened domestic violence, stalking, or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this program is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, stalking, or sexual assault, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, stalking, or sexual assault, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.

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

II. "Program participant" means a person certified as a program participant under RSA 7:43.

III. "Domestic violence" means an act as defined in RSA 173-B and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

I. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the attorney general to have an address designated by the attorney general serve as the person's address or the address of the minor or incapacitated person. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general and if it contains:

(a) A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, or sexual assault; and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

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

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

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

(e) The signature of the applicant and the date on which the applicant signed the application.

III. Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date.

IV. A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be guilty of a class B misdemeanor.

I. If the program participant obtains a name change, he or she loses certification as a program participant and may immediately reapply for certification under his or her new name.

II. The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general notice of the change of address within 7 days.

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

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

I. A program participant may request that state and local agencies use the address

designated by the attorney general as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general had determined that:

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

(b) This address will be used only for those statutory and administrative purposes.

II. A program participant may use the address designated by the attorney general as his or her work address.

III. The attorney general shall forward all first class mail to the appropriate program participants.

I. A program participant who is otherwise qualified to vote may apply as a absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as absentee voters pursuant to RSA 657:15. Notwithstanding RSA 654, neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.

II. The city or town clerk shall not make the participant's address contained in voter registration records available for public inspection or copying except under the following circumstances:

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

7:47 Disclosure of Records Prohibited; Exceptions. The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:

IV. To verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program.

7:48 Assistance for Program Applicants. The attorney general shall refer participants to crisis centers that provide counseling and shelter services to either victims of domestic violence, stalking, or sexual assault to assist persons applying to be program participants.

AN ACT relative to confidentiality of addresses for victims of domestic violence, stalking, or sexual assault.

The Secretary of State's Office has determined that this bill will increase state expenditures by an indeterminable amount in FY 2000 and each fiscal year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenues.

The Office has stated that this bill will establish an address confidentiality program within the Office. There are currently 738,000 registered voters in New Hampshire, however, there is no way to determine the number of people who would need this program. The Office estimates that it will need at least one part-time Administrator to oversee the program at a cost of approximately $20,000 per fiscal year.