PRINTER'S NO. 1690
No. 1436 Session of 1999
INTRODUCED BY TRUE, CARN, ORIE, YOUNGBLOOD, GRUITZA, NICKOL,
BISHOP, MASLAND, CURRY, E. Z. TAYLOR, BUXTON, STURLA,
MANDERINO, THOMAS, BEBKO-JONES, LEDERER, PRESTON, ROSS,
DeLUCA, SCRIMENTI, CORRIGAN, PISTELLA, STABACK, TRELLO,
COLAFELLA, RAMOS, BATTISTO, ROBINSON, MUNDY, M. COHEN,
WILLIAMS, McCALL, JOSEPHS, HARHAI, BROWNE, STEELMAN,
PETRARCA, WASHINGTON, MANN, L. I. COHEN, KIRKLAND, R. MILLER,
VANCE, SANTONI, BELARDI, CALTAGIRONE, FICHTER, WALKO, ROONEY,
READSHAW, BENNINGHOFF, ROEBUCK, JAMES, TANGRETTI, RUBLEY,
DeWEESE, EGOLF, CASORIO, PLATTS, HERMAN, TIGUE, LAUGHLIN,
CHADWICK, J. TAYLOR, GRUCELA, FRANKEL, CIVERA, MELIO, STERN,
HORSEY, MAHER, COY AND MYERS, MAY 4, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MAY 4, 1999
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 Secretary of the Commonwealth; 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 actual or possible assailants from finding
10 them.
11 (2) This act is intended to assist those victims by
12 establishing a system to create and maintain confidentiality
13 of addresses and by requiring State and local agencies to
14 accept those victims' use of substitute mailing addresses.
1 (3) This system will enable State and local agencies to
2 respond to requests for public records without disclosing the
3 location of those victims.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 23 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 65
9 DOMESTIC VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
10 Sec.
11 6501. Short title of chapter.
12 6502. Definitions.
13 6503. Address confidentiality program.
14 6504. Application and certification process.
15 6505. Persons eligible to become program participants.
16 6506. Cancellation and voluntary withdrawal.
17 6507. Agency use of designated address.
18 6508. Disclosure of confidential address.
19 6509. Waiver process by secretary.
20 6510. Emergency disclosure.
21 6511. Penalties.
22 6512. Rules and regulations.
23 § 6501. Short title of chapter.
24 This act shall be known and may be cited as the Domestic
25 Violence Victim Address Confidentiality Act.
26 § 6502. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Actual address." A residential street address, school
19990H1436B1690 - 2 -
1 address or work address of an individual.
2 "Criminal justice agency." The term shall have the same
3 meaning given to it under 18 Pa.C.S. § 9102 (relating to
4 definitions).
5 "Department." The Department of State of the Commonwealth.
6 "Program participant." A person certified by the Secretary
7 of the Commonwealth as eligible to participate in the address
8 confidentiality program established by this chapter.
9 "Secretary." The Secretary of the Commonwealth and the
10 division within the Department of State responsible for the
11 address confidentiality program established under this chapter.
12 "Substitute address." The official address of the secretary
13 or an address designated by the secretary.
14 "Victim of domestic violence." A person who is a victim as
15 defined by section 6102 (relating to definitions).
16 § 6503. Address confidentiality program.
17 (a) Establishment.--The department shall establish a program
18 to be known as the address confidentiality program. Upon
19 application, persons eligible under section 6505 (relating to
20 persons eligible to become program participants) shall receive a
21 substitute address.
22 (b) Administration.--The secretary shall forward at no
23 additional expense all first class mail to a program
24 participant. The secretary may arrange to receive and forward
25 other classes or kinds of mail at the program participant's
26 expense.
27 § 6504. Application and certification process.
28 (a) General rule.--An applicant must file an application
29 with the secretary on a form prescribed by the secretary. The
30 secretary shall certify all eligible applicants as program
19990H1436B1690 - 3 -
1 participants. Certification shall be valid for three years
2 following the date of certification unless the certification is
3 withdrawn or canceled before that date.
4 (b) Requirements for certification.--The secretary shall
5 certify applications for a substitute address if:
6 (1) The applicant meets the eligibility requirements
7 under section 6505 (relating to persons eligible to become
8 program participants).
9 (2) The applicant designates the secretary as an agent
10 for the purpose of receiving service of process.
11 (3) The application contains the actual address and
12 telephone number where the applicant can be contacted.
13 (4) The application contains a statement that the
14 information provided by the applicant is true to the best of
15 the applicant's knowledge, which the applicant shall attest
16 to by signing.
17 (5) The application contains the date, the applicant's
18 signature and the signature of any person who assisted in the
19 preparation of the application.
20 § 6505. Persons eligible to become program participants.
21 The following persons shall qualify as program participants:
22 (1) Victims of domestic violence who:
23 (i) have filed a protection from abuse order
24 pursuant to Chapter 61 (relating to protection from
25 abuse);
26 (ii) are eligible to file for a protection from
27 abuse order pursuant to Chapter 61 and file an affidavit
28 stating their belief that the affiant fears further
29 violent acts by the affiant's assailant; or
30 (iii) have obtained a protection order issued by a
19990H1436B1690 - 4 -
1 court of another state and have registered it in this
2 State pursuant to section 6118 (relating to full faith
3 and credit).
4 (2) A person who is a member of the same household as a
5 qualified program participant under paragraph (1).
6 (3) Minor children who:
7 (i) qualify under paragraph (1) and have a parent or
8 legal guardian acting on their behalf; or
9 (ii) are children of a qualified program participant
10 under paragraph (1) or (2).
11 (4) Program participants who notify the secretary of the
12 intent to continue in the program.
13 § 6506. Cancellation and voluntary withdrawal.
14 (a) Basis for cancellation.--The secretary may cancel
15 certification of a program participant if:
16 (1) the applicant willingly provides false information
17 on any portion of the application;
18 (2) the program participant fails to notify the
19 department within 14 days of a name change or address change;
20 or
21 (3) if the program participant's mail is returned to the
22 department as nondeliverable.
23 (b) Procedure for withdrawal or termination.--
24 (1) A program participant may withdraw at any time by
25 notifying the secretary in writing.
26 (2) If cancellation or expiration is pending, the
27 secretary shall provide written notification to the
28 participant's last known address of the intended termination
29 to the program participant 30 days prior to termination.
30 (3) Upon notification, a program participant shall have
19990H1436B1690 - 5 -
1 ten days to appeal the termination under procedures developed
2 by the secretary.
3 § 6507. Agency use of designated address.
4 State and local government agencies shall accept the address
5 designated by the secretary as the program participant's
6 substitute address, except as follows:
7 (1) A local or government agency has been granted a
8 waiver pursuant to section 6509 (relating to waiver process
9 by secretary).
10 (2) If the program participants are any of the
11 following:
12 (i) released offenders complying with parole
13 provisions pursuant to 37 Pa. Code Ch. 63 (relating to
14 conditions governing parole);
15 (ii) convicted sexual offenders who have fulfilled
16 their sentence but must register their community
17 residence as required under 42 Pa.C.S. § 9795(a)
18 (relating to registration of offenders); or
19 (iii) convicted offenders subject to home detention.
20 § 6508. Disclosure of confidential address.
21 (a) General rule.--The secretary may not disclose the
22 address of a program participant except under one of the
23 following circumstances:
24 (1) To an agency that has been granted a waiver by the
25 secretary pursuant to section 6509 (relating to waiver
26 process by secretary).
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
19990H1436B1690 - 6 -
1 disclosure is necessary pursuant to section 6510 (relating to
2 emergency disclosure).
3 (b) Notice to program participant.--
4 (1) Except when disclosure is made to criminal justice
5 agencies, or takes place in one of the instances listed in
6 subsection (a)(1) or (2), the secretary shall provide written
7 notification of disclosure to the program participant five
8 business days prior to disclosure. When disclosure takes
9 place under subsection (a)(3), the secretary shall
10 simultaneously notify a program participant of disclosure.
11 (2) When disclosure is denied, the secretary shall
12 provide written notification to the program participant not
13 more than five business days after the disclosure is denied.
14 § 6509. Waiver process by secretary.
15 (a) Information required for request.--An agency that
16 requests disclosure under section 6508 (relating to disclosure
17 of confidential address) shall provide in writing to the
18 secretary:
19 (1) Identification of the law or administrative rule or
20 procedure that demonstrates the agency's bona fide
21 requirement and authority for the use of the actual address
22 of the program participant.
23 (2) Identification of the specific program participant's
24 record for which the waiver is requested.
25 (3) Identification of the persons who will have access
26 to the record.
27 (4) Explanation of how the agency's acceptance of a
28 substitute address will prevent the agency from meeting its
29 obligations under the law.
30 (5) An explanation of why the agency cannot meet its
19990H1436B1690 - 7 -
1 statutory or administrative obligations by a change in its
2 internal procedures.
3 (b) Review by secretary.--
4 (1) The secretary shall file and review an agency's
5 waiver request. During the review, evaluation and appeal of
6 an agency's request, the agency shall accept the use of a
7 program participant's substitute address.
8 (2) The secretary's determination to grant or withhold a
9 requested waiver shall be based on, but not limited to, an
10 evaluation of the information provided under subsection (a).
11 (c) Criteria for granting waiver.--
12 (1) If the secretary determines that an agency has a
13 bona fide statutory or administrative need for the actual
14 address and that the information will be used only for that
15 purpose, the secretary may issue the actual address to the
16 agency.
17 (2) When granting a waiver, the secretary shall notify
18 and require the agency to:
19 (i) Maintain the confidentiality of a program
20 participant's actual address.
21 (ii) Limit the use and access of that address.
22 (iii) Designate an address disposition date after
23 which the agency may no longer maintain the record of the
24 address.
25 (iv) Adopt any other provisions and qualifications
26 determined appropriate by the secretary.
27 (d) Denial.--The secretary's denial of an agency's waiver
28 request shall be made in writing and include a statement of
29 specific reasons for denial.
30 (e) Appeal.--An agency may appeal the denial of its request
19990H1436B1690 - 8 -
1 pursuant to 2 Pa.C.S. Ch. 5, Subch. A (relating to practice and
2 procedure of Commonwealth agencies).
3 § 6510. Emergency disclosure.
4 (a) General rule.--The secretary shall establish a system to
5 handle emergencies that will provide, on a 24-hour basis, access
6 to the actual address of a program participant.
7 (b) Criteria.--The secretary may provide disclosure where:
8 (1) failure to disclose a participant's actual address
9 may result in physical harm to a program participant or the
10 participant's family member if immediate disclosure is not
11 made; or
12 (2) for law enforcement purposes, where the agency is
13 carrying out its normal functions and circumstances warrant
14 immediate disclosure.
15 (c) Procedure.--The secretary, when disclosing the program
16 participant's actual address under this section shall:
17 (1) Verify the requesting party's identity and an
18 immediate need to receive the information.
19 (2) Upon a finding that the agency satisfies the
20 criteria under subsection (b), provide the agency with the
21 actual address.
22 (d) Limited liability.--In no event shall the secretary or
23 department be liable for good faith disclosure of a program
24 participant's actual address, nor shall the secretary or the
25 department be liable for failure to disclose a program
26 participant's actual address under this section.
27 § 6511. Penalties.
28 (a) False information.--Any person who knowingly provides
29 false information in regard to a material fact in an application
30 under section 6504 (relating to application and certification
19990H1436B1690 - 9 -
1 process) or 6505 (relating to persons eligible to become program
2 participants) shall be subject to termination from the program
3 and criminal penalties under 18 Pa.C.S. § 4904(a) (relating to
4 unsworn falsification to authorities).
5 (b) Access by fraud.--Any person who attempts to gain access
6 to a program participant's actual address through fraud commits
7 a misdemeanor of the first degree.
8 § 6512. Rules and regulations.
9 The secretary may adopt rules and regulations to administer
10 this chapter.
11 Section 2. This act shall take effect in 180 days.
D27L23DMS/19990H1436B1690 - 10 -