PRIOR PRINTER'S NO. 1690 PRINTER'S NO. 2795
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, MYERS, PIPPY, BARD, S. MILLER AND
McILHATTAN, MAY 4, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 8, 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
1 accept those victims' use of substitute mailing addresses.
2 (3) This system will enable State and local agencies to
3 respond to requests for public records without disclosing the
4 location of those victims.
5 AMENDING TITLE 23 (DOMESTIC RELATIONS) OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES, PROVIDING FOR ADDRESS CONFIDENTIALITY
7 PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE.
8 THE GENERAL ASSEMBLY FINDS THAT PERSONS ATTEMPTING TO ESCAPE
9 FROM ACTUAL OR THREATENED DOMESTIC VIOLENCE FREQUENTLY ESTABLISH
10 NEW ADDRESSES IN ORDER TO PREVENT THEIR ASSAILANTS OR PROBABLE
11 ASSAILANTS FROM FINDING THEM. THE PURPOSE OF THIS ACT IS:
12 (1) TO ENABLE STATE AND LOCAL GOVERNMENT AGENCIES TO
13 RESPOND TO REQUESTS FOR PUBLIC RECORDS WITHOUT DISCLOSING THE
14 LOCATION OF A VICTIM OF DOMESTIC VIOLENCE;
15 (2) TO ENABLE COOPERATION BETWEEN STATE AND LOCAL
16 GOVERNMENT AGENCIES AND THE ATTORNEY GENERAL IN PROVIDING
17 ADDRESS CONFIDENTIALITY FOR VICTIMS OF DOMESTIC VIOLENCE; AND
18 (3) TO ENABLE STATE AND LOCAL GOVERNMENT AGENCIES TO
19 ACCEPT A PROGRAM PARTICIPANT'S USE OF AN ADDRESS DESIGNATED
20 BY THE ATTORNEY GENERAL AS A SUBSTITUTE MAILING ADDRESS.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Title 23 of the Pennsylvania Consolidated <--
24 Statutes is amended by adding a chapter to read:
25 CHAPTER 65
26 DOMESTIC VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
27 Sec.
28 6501. Short title of chapter.
29 6502. Definitions.
30 6503. Address confidentiality program.
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1 6504. Application and certification process.
2 6505. Persons eligible to become program participants.
3 6506. Cancellation and voluntary withdrawal.
4 6507. Agency use of designated address.
5 6508. Disclosure of confidential address.
6 6509. Waiver process by secretary.
7 6510. Emergency disclosure.
8 6511. Penalties.
9 6512. Rules and regulations.
10 § 6501. Short title of chapter.
11 This act shall be known and may be cited as the Domestic
12 Violence Victim Address Confidentiality Act.
13 § 6502. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Actual address." A residential street address, school
18 address or work address of an individual.
19 "Criminal justice agency." The term shall have the same
20 meaning given to it under 18 Pa.C.S. § 9102 (relating to
21 definitions).
22 "Department." The Department of State of the Commonwealth.
23 "Program participant." A person certified by the Secretary
24 of the Commonwealth as eligible to participate in the address
25 confidentiality program established by this chapter.
26 "Secretary." The Secretary of the Commonwealth and the
27 division within the Department of State responsible for the
28 address confidentiality program established under this chapter.
29 "Substitute address." The official address of the secretary
30 or an address designated by the secretary.
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1 "Victim of domestic violence." A person who is a victim as
2 defined by section 6102 (relating to definitions).
3 § 6503. Address confidentiality program.
4 (a) Establishment.--The department shall establish a program
5 to be known as the address confidentiality program. Upon
6 application, persons eligible under section 6505 (relating to
7 persons eligible to become program participants) shall receive a
8 substitute address.
9 (b) Administration.--The secretary shall forward at no
10 additional expense all first class mail to a program
11 participant. The secretary may arrange to receive and forward
12 other classes or kinds of mail at the program participant's
13 expense.
14 § 6504. Application and certification process.
15 (a) General rule.--An applicant must file an application
16 with the secretary on a form prescribed by the secretary. The
17 secretary shall certify all eligible applicants as program
18 participants. Certification shall be valid for three years
19 following the date of certification unless the certification is
20 withdrawn or canceled before that date.
21 (b) Requirements for certification.--The secretary shall
22 certify applications for a substitute address if:
23 (1) The applicant meets the eligibility requirements
24 under section 6505 (relating to persons eligible to become
25 program participants).
26 (2) The applicant designates the secretary as an agent
27 for the purpose of receiving service of process.
28 (3) The application contains the actual address and
29 telephone number where the applicant can be contacted.
30 (4) The application contains a statement that the
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1 information provided by the applicant is true to the best of
2 the applicant's knowledge, which the applicant shall attest
3 to by signing.
4 (5) The application contains the date, the applicant's
5 signature and the signature of any person who assisted in the
6 preparation of the application.
7 § 6505. Persons eligible to become program participants.
8 The following persons shall qualify as program participants:
9 (1) Victims of domestic violence who:
10 (i) have filed a protection from abuse order
11 pursuant to Chapter 61 (relating to protection from
12 abuse);
13 (ii) are eligible to file for a protection from
14 abuse order pursuant to Chapter 61 and file an affidavit
15 stating their belief that the affiant fears further
16 violent acts by the affiant's assailant; or
17 (iii) have obtained a protection order issued by a
18 court of another state and have registered it in this
19 State pursuant to section 6118 (relating to full faith
20 and credit).
21 (2) A person who is a member of the same household as a
22 qualified program participant under paragraph (1).
23 (3) Minor children who:
24 (i) qualify under paragraph (1) and have a parent or
25 legal guardian acting on their behalf; or
26 (ii) are children of a qualified program participant
27 under paragraph (1) or (2).
28 (4) Program participants who notify the secretary of the
29 intent to continue in the program.
30 § 6506. Cancellation and voluntary withdrawal.
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1 (a) Basis for cancellation.--The secretary may cancel
2 certification of a program participant if:
3 (1) the applicant willingly provides false information
4 on any portion of the application;
5 (2) the program participant fails to notify the
6 department within 14 days of a name change or address change;
7 or
8 (3) if the program participant's mail is returned to the
9 department as nondeliverable.
10 (b) Procedure for withdrawal or termination.--
11 (1) A program participant may withdraw at any time by
12 notifying the secretary in writing.
13 (2) If cancellation or expiration is pending, the
14 secretary shall provide written notification to the
15 participant's last known address of the intended termination
16 to the program participant 30 days prior to termination.
17 (3) Upon notification, a program participant shall have
18 ten days to appeal the termination under procedures developed
19 by the secretary.
20 § 6507. Agency use of designated address.
21 State and local government agencies shall accept the address
22 designated by the secretary as the program participant's
23 substitute address, except as follows:
24 (1) A local or government agency has been granted a
25 waiver pursuant to section 6509 (relating to waiver process
26 by secretary).
27 (2) If the program participants are any of the
28 following:
29 (i) released offenders complying with parole
30 provisions pursuant to 37 Pa. Code Ch. 63 (relating to
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1 conditions governing parole);
2 (ii) convicted sexual offenders who have fulfilled
3 their sentence but must register their community
4 residence as required under 42 Pa.C.S. § 9795(a)
5 (relating to registration of offenders); or
6 (iii) convicted offenders subject to home detention.
7 § 6508. Disclosure of confidential address.
8 (a) General rule.--The secretary may not disclose the
9 address of a program participant except under one of the
10 following circumstances:
11 (1) To an agency that has been granted a waiver by the
12 secretary pursuant to section 6509 (relating to waiver
13 process by secretary).
14 (2) Upon order of the court, to the person identified in
15 that order.
16 (3) To providers of medical care, social services
17 personnel or others similarly situated, when emergency
18 disclosure is necessary pursuant to section 6510 (relating to
19 emergency disclosure).
20 (b) Notice to program participant.--
21 (1) Except when disclosure is made to criminal justice
22 agencies, or takes place in one of the instances listed in
23 subsection (a)(1) or (2), the secretary shall provide written
24 notification of disclosure to the program participant five
25 business days prior to disclosure. When disclosure takes
26 place under subsection (a)(3), the secretary shall
27 simultaneously notify a program participant of disclosure.
28 (2) When disclosure is denied, the secretary shall
29 provide written notification to the program participant not
30 more than five business days after the disclosure is denied.
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1 § 6509. Waiver process by secretary.
2 (a) Information required for request.--An agency that
3 requests disclosure under section 6508 (relating to disclosure
4 of confidential address) shall provide in writing to the
5 secretary:
6 (1) Identification of the law or administrative rule or
7 procedure that demonstrates the agency's bona fide
8 requirement and authority for the use of the actual address
9 of the program participant.
10 (2) Identification of the specific program participant's
11 record for which the waiver is requested.
12 (3) Identification of the persons who will have access
13 to the record.
14 (4) Explanation of how the agency's acceptance of a
15 substitute address will prevent the agency from meeting its
16 obligations under the law.
17 (5) An explanation of why the agency cannot meet its
18 statutory or administrative obligations by a change in its
19 internal procedures.
20 (b) Review by secretary.--
21 (1) The secretary shall file and review an agency's
22 waiver request. During the review, evaluation and appeal of
23 an agency's request, the agency shall accept the use of a
24 program participant's substitute address.
25 (2) The secretary's determination to grant or withhold a
26 requested waiver shall be based on, but not limited to, an
27 evaluation of the information provided under subsection (a).
28 (c) Criteria for granting waiver.--
29 (1) If the secretary determines that an agency has a
30 bona fide statutory or administrative need for the actual
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1 address and that the information will be used only for that
2 purpose, the secretary may issue the actual address to the
3 agency.
4 (2) When granting a waiver, the secretary shall notify
5 and require the agency to:
6 (i) Maintain the confidentiality of a program
7 participant's actual address.
8 (ii) Limit the use and access of that address.
9 (iii) Designate an address disposition date after
10 which the agency may no longer maintain the record of the
11 address.
12 (iv) Adopt any other provisions and qualifications
13 determined appropriate by the secretary.
14 (d) Denial.--The secretary's denial of an agency's waiver
15 request shall be made in writing and include a statement of
16 specific reasons for denial.
17 (e) Appeal.--An agency may appeal the denial of its request
18 pursuant to 2 Pa.C.S. Ch. 5, Subch. A (relating to practice and
19 procedure of Commonwealth agencies).
20 § 6510. Emergency disclosure.
21 (a) General rule.--The secretary shall establish a system to
22 handle emergencies that will provide, on a 24-hour basis, access
23 to the actual address of a program participant.
24 (b) Criteria.--The secretary may provide disclosure where:
25 (1) failure to disclose a participant's actual address
26 may result in physical harm to a program participant or the
27 participant's family member if immediate disclosure is not
28 made; or
29 (2) for law enforcement purposes, where the agency is
30 carrying out its normal functions and circumstances warrant
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1 immediate disclosure.
2 (c) Procedure.--The secretary, when disclosing the program
3 participant's actual address under this section shall:
4 (1) Verify the requesting party's identity and an
5 immediate need to receive the information.
6 (2) Upon a finding that the agency satisfies the
7 criteria under subsection (b), provide the agency with the
8 actual address.
9 (d) Limited liability.--In no event shall the secretary or
10 department be liable for good faith disclosure of a program
11 participant's actual address, nor shall the secretary or the
12 department be liable for failure to disclose a program
13 participant's actual address under this section.
14 § 6511. Penalties.
15 (a) False information.--Any person who knowingly provides
16 false information in regard to a material fact in an application
17 under section 6504 (relating to application and certification
18 process) or 6505 (relating to persons eligible to become program
19 participants) shall be subject to termination from the program
20 and criminal penalties under 18 Pa.C.S. § 4904(a) (relating to
21 unsworn falsification to authorities).
22 (b) Access by fraud.--Any person who attempts to gain access
23 to a program participant's actual address through fraud commits
24 a misdemeanor of the first degree.
25 § 6512. Rules and regulations.
26 The secretary may adopt rules and regulations to administer
27 this chapter.
28 Section 2. This act shall take effect in 180 days.
29 SECTION 1. TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED <--
30 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
19990H1436B2795 - 10 -
1 CHAPTER 65
2 ADDRESS CONFIDENTIALITY PROGRAM FOR
3 VICTIMS OF DOMESTIC VIOLENCE
4 SEC.
5 6501. DEFINITIONS.
6 6502. ESTABLISHMENT OF PROGRAM.
7 6503. DUTIES OF ATTORNEY GENERAL.
8 6504. DUTIES OF DOMESTIC VIOLENCE PROGRAMS.
9 6505. USE OF SUBSTITUTE ADDRESS BY STATE AND LOCAL GOVERNMENT
10 AGENCIES.
11 6506. DISCLOSURE OF RECORDS.
12 6507. NOTICE.
13 6508. USE OF SUBSTITUTE ADDRESS.
14 6509. MARRIAGE APPLICATIONS AND RECORDS.
15 6510. CERTIFICATION CANCELLATION.
16 6511. VOLUNTARY WITHDRAWAL BY PROGRAM PARTICIPANT.
17 6512. EMERGENCY DISCLOSURE.
18 6513. CUSTODY ORDERS.
19 6514. REPORT TO GENERAL ASSEMBLY.
20 6515. IMMUNITY.
21 6516. PENALTIES.
22 § 6501. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "ABUSE." AS DEFINED IN SECTION 6102 (RELATING TO
27 DEFINITIONS).
28 "ACTUAL ADDRESS." A RESIDENTIAL STREET ADDRESS, SCHOOL
29 ADDRESS OR WORK ADDRESS OF A PROGRAM PARTICIPANT.
30 "ATTORNEY GENERAL." INCLUDES AN EMPLOYEE OF THE OFFICE OF
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1 ATTORNEY GENERAL RESPONSIBLE FOR IMPLEMENTING THE PROGRAM.
2 "AUTHORIZATION CARD." THE CARD GIVEN TO PROGRAM PARTICIPANTS
3 BY THE OFFICE OF ATTORNEY GENERAL CERTIFIED TO PARTICIPATE IN
4 THE ADDRESS CONFIDENTIALITY PROGRAM.
5 "CRIMINAL JUSTICE AGENCY." THE TERM SHALL HAVE THE MEANING
6 GIVEN TO IT UNDER 18 PA.C.S. § 9102 (RELATING TO DEFINITIONS).
7 "DOMESTIC VIOLENCE." ABUSE WHICH OCCURS BETWEEN FAMILY OR
8 HOUSEHOLD MEMBERS, WHETHER OR NOT THE ABUSE HAS BEEN REPORTED TO
9 A LAW ENFORCEMENT AGENCY OR COURT. THE TERM INCLUDES THREATS TO
10 COMMIT ABUSE.
11 "DOMESTIC VIOLENCE PROGRAM." AS DEFINED IN SECTION 6102
12 (RELATING TO DEFINITIONS).
13 "FAMILY OR HOUSEHOLD MEMBERS." AS DEFINED IN SECTION 6102
14 (RELATING TO DEFINITIONS).
15 "MINOR." AN INDIVIDUAL WHO IS UNDER 18 YEARS OF AGE.
16 "PROGRAM." THE ADDRESS CONFIDENTIALITY PROGRAM ESTABLISHED
17 WITHIN THE OFFICE OF ATTORNEY GENERAL UNDER THIS CHAPTER.
18 "PROGRAM PARTICIPANT." AN INDIVIDUAL WHO RECEIVES A
19 SUBSTITUTE ADDRESS FROM THE ATTORNEY GENERAL.
20 "STATE OR LOCAL GOVERNMENT AGENCY." A COMMONWEALTH AGENCY OR
21 A GOVERNMENT UNIT OTHER THAN THE COMMONWEALTH OR AN EMPLOYEE
22 THEREOF, BUT ONLY WITH RESPECT TO AN ACT WITHIN THE SCOPE OF THE
23 EMPLOYEE'S OFFICE OR EMPLOYMENT. THE TERM INCLUDES AN
24 INTERMEDIATE UNIT, AN AGENCY OF COUNTY GOVERNMENT AND A CRIMINAL
25 JUSTICE AGENCY.
26 "SUBSTITUTE ADDRESS." THE OFFICIAL ADDRESS OF THE ATTORNEY
27 GENERAL OR AN ADDRESS DESIGNATED BY THE ATTORNEY GENERAL TO BE
28 USED BY A PROGRAM PARTICIPANT IN LIEU OF AN ACTUAL ADDRESS.
29 § 6502. ESTABLISHMENT OF PROGRAM.
30 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED WITHIN THE
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1 OFFICE OF ATTORNEY GENERAL AN ADDRESS CONFIDENTIALITY PROGRAM.
2 (B) APPLICATION.--THE FOLLOWING INDIVIDUALS MAY APPLY TO THE
3 ATTORNEY GENERAL TO HAVE AN ADDRESS DESIGNATED BY THE ATTORNEY
4 GENERAL TO SERVE AS THE INDIVIDUAL'S, A MINOR'S OR AN
5 INCOMPETENT ADULT'S SUBSTITUTE ADDRESS:
6 (1) AN ADULT OR AN EMANCIPATED MINOR APPLYING ON BEHALF
7 OF THE ADULT OR EMANCIPATED MINOR.
8 (2) A PARENT, ADULT HOUSEHOLD MEMBER OR GUARDIAN AD
9 LITEM APPLYING ON BEHALF OF A MINOR.
10 (3) A GUARDIAN OF THE PERSON OF AN ADULT WHO HAS BEEN
11 DECLARED INCOMPETENT UNDER 20 PA.C.S. CH. 51 SUBCH. B
12 (RELATING TO APPOINTMENT OF GUARDIAN) APPLYING ON BEHALF OF
13 THE INCOMPETENT ADULT.
14 (C) ASSISTANCE.--AN APPLICATION SHALL BE COMPLETED IN PERSON
15 AT A STATE OR LOCAL GOVERNMENT AGENCY OR AT A DOMESTIC VIOLENCE
16 PROGRAM OR BY AN APPLICANT WITHOUT APPEARING BEFORE SUCH AGENCY
17 OR PROGRAM. IF THE APPLICANT COMPLETES THE APPLICATION WITH THE
18 ASSISTANCE OF A DOMESTIC VIOLENCE PROGRAM, THE APPLICANT SHALL
19 BE ABLE, IF THE APPLICANT DESIRES, TO MEET WITH A DOMESTIC
20 VIOLENCE COUNSELOR, RECEIVE ORIENTATION ABOUT THE PROGRAM AND
21 RECEIVE AN INDIVIDUALIZED THREAT ASSESSMENT CONDUCTED BY A
22 DOMESTIC VIOLENCE COUNSELOR.
23 (D) PROCEDURE.--THE ATTORNEY GENERAL SHALL APPROVE OF AN
24 APPLICATION IF IT IS COMPLETED IN THE MANNER DESCRIBED IN
25 SUBSECTION (C), FILED IN THE MANNER AND ON THE FORM PRESCRIBED
26 BY THE ATTORNEY GENERAL AND CONTAINS ALL OF THE FOLLOWING:
27 (1) A SWORN STATEMENT BY THE APPLICANT THAT THE
28 APPLICANT HAS GOOD REASON TO BELIEVE:
29 (I) THAT THE APPLICANT, THE APPLICANT'S CHILDREN OR
30 THE MINOR OR INCOMPETENT ADULT ON WHOSE BEHALF
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1 APPLICATION IS MADE IS A VICTIM OF DOMESTIC VIOLENCE.
2 (II) THAT THE APPLICANT FEARS FOR THE APPLICANT'S
3 SAFETY OR THE SAFETY OF THE APPLICANT'S CHILD, OR THE
4 SAFETY OF THE MINOR OR INCOMPETENT PERSON ON WHOSE BEHALF
5 APPLICATION IS MADE.
6 (2) THE SIGNATURE OF THE APPLICANT AND ANY OTHER
7 INDIVIDUAL OTHER THAN A REPRESENTATIVE OF A DOMESTIC VIOLENCE
8 PROGRAM, WHO ASSISTED IN THE PREPARATION OF THE APPLICATION,
9 IF ANY, AS WELL AS THE DATE ON WHICH THE APPLICANT SIGNED THE
10 APPLICATION. IF THE APPLICATION WAS COMPLETED WITH THE
11 ASSISTANCE OF A REPRESENTATIVE OF A DOMESTIC VIOLENCE
12 PROGRAM, THE SIGNATURE OF THE APPLICANT AND THE
13 REPRESENTATIVE OF THE DOMESTIC VIOLENCE PROGRAM AND ANY OTHER
14 INDIVIDUAL WHO ASSISTED IN THE PREPARATION OF THE
15 APPLICATION, AND THE DATE ON WHICH THE APPLICANT SIGNED THE
16 APPLICATION SHALL APPEAR ON THE APPLICATION.
17 (3) A DESIGNATION OF THE ATTORNEY GENERAL AS AGENT FOR
18 THE PURPOSE OF RECEIVING PROCESS AND FOR THE PURPOSE OF
19 RECEIPT OF MAIL.
20 (4) THE MAILING ADDRESS WHERE THE APPLICANT OR THE MINOR
21 OR THE INCOMPETENT ADULT ON WHOSE BEHALF APPLICATION IS MADE
22 CAN BE CONTACTED BY THE ATTORNEY GENERAL AND A TELEPHONE
23 NUMBER WHERE THE APPLICANT, MINOR OR INCOMPETENT ADULT MAY BE
24 CALLED BY THE ATTORNEY GENERAL.
25 (5) THE ADDRESS OR ADDRESSES THAT THE APPLICANT REQUESTS
26 NOT BE DISCLOSED.
27 (E) PENALTY.--AN INDIVIDUAL WHO KNOWINGLY OR WILLFULLY
28 FALSELY ATTESTS IN AN APPLICATION THAT DISCLOSURE OF AN
29 APPLICANT'S ADDRESS WOULD ENDANGER THE APPLICANT'S SAFETY OR THE
30 SAFETY OF THE APPLICANT'S CHILD OR THE SAFETY OF THE MINOR OR
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1 INCOMPETENT ADULT ON WHOSE BEHALF APPLICATION IS MADE, OR WHO
2 KNOWINGLY OR WILLFULLY PROVIDES FALSE OR INCORRECT INFORMATION
3 UPON MAKING AN APPLICATION MAY BE SUBJECT TO PROSECUTION UNDER
4 18 PA.C.S. § 4904 (RELATING TO UNSWORN FALSIFICATION TO
5 AUTHORITIES). A NOTICE SHALL BE PRINTED ON THE FACE OF THE
6 APPLICATION INFORMING THE APPLICANT OF THE PENALTY UNDER THIS
7 SUBSECTION.
8 (F) INTENT TO EVADE PROSECUTION.--ANY INDIVIDUAL WHO
9 KNOWINGLY ENTERS THE ADDRESS CONFIDENTIALITY PROGRAM TO EVADE
10 PROSECUTION OF CRIMINAL LAWS, REGULATION UNDER 42 PA.C.S. CH. 97
11 SUBCH. H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS) OR
12 RESTRICTIONS PLACED ON THE INDIVIDUAL BY A CRIMINAL JUSTICE
13 AGENCY COMMITS A FELONY OF THE THIRD DEGREE.
14 (G) SERVICE OF PROCESS.--SERVICE ON THE ATTORNEY GENERAL OF
15 A SUMMONS, WRIT, NOTICE, DEMAND OR PROCESS SHALL BE MADE BY
16 DELIVERING TO THE ATTORNEY GENERAL TWO COPIES OF THE SUMMONS,
17 WRIT, NOTICE, DEMAND OR PROCESS. IF A SUMMONS, WRIT, NOTICE,
18 DEMAND OR PROCESS IS SERVED ON THE ATTORNEY GENERAL, THE
19 ATTORNEY GENERAL SHALL IMMEDIATELY CAUSE A COPY TO BE FORWARDED
20 TO THE PROGRAM PARTICIPANT AT THE ADDRESS SHOWN ON THE RECORDS
21 OF THE ADDRESS CONFIDENTIALITY PROGRAM SO THAT THE SUMMONS,
22 WRIT, NOTICE, DEMAND OR PROCESS IS RECEIVED BY THE PROGRAM
23 PARTICIPANT WITHIN FIVE DAYS OF THE ATTORNEY GENERAL'S HAVING
24 RECEIVED IT. THE ATTORNEY GENERAL SHALL KEEP A RECORD OF ALL
25 SUMMONSES, WRITS, NOTICES, DEMANDS AND PROCESSES SERVED UPON THE
26 ATTORNEY GENERAL UNDER THIS CHAPTER AND SHALL RECORD THE DATE
27 AND TIME OF SERVICE AND THE ATTORNEY GENERAL'S ACTION.
28 (H) FILING.--AN APPLICATION SHALL BE FILED WITH THE ATTORNEY
29 GENERAL. A FILING FEE MAY NOT BE CHARGED.
30 § 6503. DUTIES OF ATTORNEY GENERAL.
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1 (A) CERTIFICATION.--UPON APPROVING AN APPLICATION WHICH
2 MEETS THE REQUIREMENTS OF SECTION 6502(B), (C) AND (D) (RELATING
3 TO ESTABLISHMENT OF PROGRAM) THE ATTORNEY GENERAL SHALL CERTIFY
4 THE APPLICANT AS A PROGRAM PARTICIPANT AND SHALL DESIGNATE AN
5 ADDRESS WHICH MAY BE USED AS A SUBSTITUTE ADDRESS. SUBJECT TO
6 CANCELLATION OF CERTIFICATION OR VOLUNTARY WITHDRAWAL FROM THE
7 PROGRAM UNDER SECTION 6510 (RELATING TO CERTIFICATION
8 CANCELLATION) OR 6511 (RELATING TO VOLUNTARY WITHDRAWAL BY
9 PROGRAM PARTICIPANT), CERTIFICATION SHALL BE VALID FOR THREE
10 YEARS. A PROGRAM PARTICIPANT MAY APPLY FOR RECERTIFICATION EVERY
11 THREE YEARS THEREAFTER. THE ATTORNEY GENERAL SHALL, BY
12 REGULATION, ESTABLISH A RENEWAL PROCEDURE.
13 (B) MAIL.--UPON RECEIPT OF FIRST-CLASS MAIL ADDRESSED TO A
14 PROGRAM PARTICIPANT, THE ATTORNEY GENERAL SHALL FORWARD THE MAIL
15 TO THE ACTUAL ADDRESS DESIGNATED BY THE PARTICIPANT AS THE PLACE
16 WHERE MAIL MAY BE RECEIVED. THE ATTORNEY GENERAL MAY ARRANGE TO
17 RECEIVE AND FORWARD OTHER KINDS AND CLASSES OF MAIL TO A PROGRAM
18 PARTICIPANT AT THE PROGRAM PARTICIPANT'S EXPENSE.
19 (C) ASSISTANCE AND COUNSELING.--THE ATTORNEY GENERAL SHALL
20 DESIGNATE STATE AND LOCAL GOVERNMENT AGENCIES AND DOMESTIC
21 VIOLENCE PROGRAMS AS LOCATIONS WHERE APPLICATIONS TO THE PROGRAM
22 MAY BE OBTAINED. ASSISTANCE AND COUNSELING RENDERED BY THE
23 ATTORNEY GENERAL SHALL NOT BE CONSIDERED LEGAL ADVICE.
24 (D) AUTHORIZATION CARD AND FORMS.--THE ATTORNEY GENERAL
25 SHALL DEVELOP AN AUTHORIZATION CARD AND FORMS AS NECESSARY FOR
26 PROGRAM PARTICIPANTS.
27 (E) RULES TO FACILITATE ADMINISTRATION.--THE ATTORNEY
28 GENERAL SHALL ADOPT RULES TO FACILITATE THE ADMINISTRATION OF
29 THIS CHAPTER.
30 § 6504. DUTIES OF DOMESTIC VIOLENCE PROGRAMS.
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1 A DOMESTIC VIOLENCE PROGRAM SHALL MAKE AVAILABLE THE
2 FOLLOWING SERVICES TO APPLICANTS IF THE APPLICANT DESIRES OR
3 REQUESTS SUCH SERVICES:
4 (1) ORIENTATION ABOUT THE PROGRAM AND MEETING WITH A
5 DOMESTIC VIOLENCE COUNSELOR.
6 (2) AN INDIVIDUALIZED THREAT ASSESSMENT PERFORMED BY A
7 DOMESTIC VIOLENCE COUNSELOR.
8 (3) ASSISTANCE WITH PREPARATION OF THE APPLICATION TO
9 THE PROGRAM.
10 § 6505. USE OF SUBSTITUTE ADDRESS BY STATE AND LOCAL GOVERNMENT
11 AGENCIES.
12 (A) REQUEST.--A PROGRAM PARTICIPANT MAY REQUEST THAT A STATE
13 OR LOCAL GOVERNMENT AGENCY USE THE SUBSTITUTE ADDRESS DESIGNATED
14 BY THE ATTORNEY GENERAL AS THE PARTICIPANT'S ADDRESS. WHEN
15 CREATING A NEW PUBLIC RECORD, A STATE OR LOCAL GOVERNMENT AGENCY
16 SHALL ACCEPT THE SUBSTITUTE ADDRESS DESIGNATED BY THE ATTORNEY
17 GENERAL AS A PROGRAM PARTICIPANT'S ADDRESS, UNLESS THE ATTORNEY
18 GENERAL HAS DETERMINED THAT:
19 (1) THE STATE OR LOCAL AGENCY HAS A BONA FIDE STATUTORY
20 OR ADMINISTRATIVE REQUIREMENT FOR USE OF THE ADDRESS WHICH
21 WOULD OTHERWISE BE CONFIDENTIAL UNDER THIS CHAPTER.
22 (2) THE ADDRESS WHICH WOULD OTHERWISE BE CONFIDENTIAL
23 UNDER THIS CHAPTER WILL BE USED ONLY FOR THOSE STATUTORY OR
24 ADMINISTRATIVE PURPOSES.
25 (B) PROCEDURE.--IF THE ATTORNEY GENERAL MAKES A
26 DETERMINATION THAT A STATE OR LOCAL GOVERNMENT AGENCY MEETS THE
27 REQUIREMENTS OF SUBSECTION (A)(1) AND (2), THE PROGRAM
28 PARTICIPANT SHALL PROVIDE THE STATE OR LOCAL GOVERNMENT AGENCY
29 WITH HIS ACTUAL ADDRESS.
30 § 6506. DISCLOSURE OF RECORDS.
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1 (A) GENERAL RULE.--SUBJECT TO SUBSECTION (B), THE ATTORNEY
2 GENERAL MAY NOT MAKE ANY RECORDS OR INFORMATION IN A PROGRAM
3 PARTICIPANT'S FILE AVAILABLE FOR INSPECTION OR COPYING EXCEPT
4 THE ADDRESS DESIGNATED BY THE ATTORNEY GENERAL AS THE SUBSTITUTE
5 ADDRESS OF THE PROGRAM PARTICIPANT.
6 (B) EXCEPTION.--THE ATTORNEY GENERAL SHALL MAKE RECORDS AND
7 INFORMATION OF A PROGRAM PARTICIPANT AVAILABLE FOR INSPECTION OR
8 COPYING:
9 (1) IF REQUESTED BY A CRIMINAL JUSTICE AGENCY, TO THE
10 CRIMINAL JUSTICE AGENCY.
11 (2) IF DIRECTED BY COURT ORDER, TO THE PERSON IDENTIFIED
12 IN THE ORDER.
13 (3) TO PROVIDERS OF MEDICAL CARE, SOCIAL SERVICE
14 PERSONNEL OR A CRIMINAL JUSTICE AGENCY WHEN EMERGENCY
15 DISCLOSURE IS NECESSARY UNDER SECTION 6512 (RELATING TO
16 EMERGENCY DISCLOSURE).
17 (C) THE ATTORNEY GENERAL SHALL ADOPT RULES REGARDING THE
18 PROCEDURES FOR THE AVAILABILITY OF RECORDS UNDER SECTION 6505(B)
19 (RELATING TO USE OF SUBSTITUTE ADDRESS BY STATE AND LOCAL
20 GOVERNMENT AGENCIES).
21 § 6507. NOTICE.
22 (A) GENERAL RULE.--SUBJECT TO SUBSECTION (B), THE ATTORNEY
23 GENERAL SHALL NOTIFY THE PROGRAM PARTICIPANT IN WRITING WITHIN
24 TEN BUSINESS DAYS OF ANY DISCLOSURE OF A PROGRAM PARTICIPANT'S
25 ACTUAL ADDRESS OR ANY PART OF THE PROGRAM PARTICIPANT'S FILE.
26 (B) EXCEPTION.--THE REQUIREMENT OF SUBSECTION (A) SHALL NOT
27 APPLY TO A DISCLOSURE MADE TO A CRIMINAL JUSTICE AGENCY, A
28 COURT, OR A DISCLOSURE MADE UNDER SECTION 6512 (RELATING TO
29 EMERGENCY DISCLOSURE).
30 § 6508. USE OF SUBSTITUTE ADDRESS.
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1 (A) USE.--SUBJECT TO SECTIONS 6505 (RELATING TO USE OF
2 SUBSTITUTE ADDRESS BY STATE AND LOCAL GOVERNMENT AGENCIES) AND
3 6506 (RELATING TO DISCLOSURE OF RECORDS), A PROGRAM PARTICIPANT
4 MAY USE THE ADDRESS DESIGNATED BY THE ATTORNEY GENERAL AS HIS
5 WORK ADDRESS, IN ORDER TO REGISTER TO VOTE OR TO COMPLETE A
6 MARRIAGE APPLICATION.
7 (B) VOTING.--THE ATTORNEY GENERAL SHALL, IN CONSULTATION AND
8 COOPERATION WITH THE DEPARTMENT OF STATE, DEVELOP AND IMPLEMENT
9 A MECHANISM TO ALLOW A PROGRAM PARTICIPANT TO REGISTER TO VOTE
10 AND TO VOTE USING THE PARTICIPANT'S ACTUAL ADDRESS WITHOUT
11 MAKING THE VOTER REGISTRATION RECORD OR ACTUAL ADDRESS AVAILABLE
12 TO THE PUBLIC. NO STATE OR LOCAL GOVERNMENT AGENCY SHALL INCLUDE
13 THE NAME OR ADDRESS OF A PROGRAM PARTICIPANT IN ANY LIST OF
14 REGISTERED VOTERS AVAILABLE TO THE PUBLIC, OR MAKE INFORMATION
15 RELATING TO THE PROGRAM PARTICIPANT CONTAINED IN VOTER
16 REGISTRATION RECORDS AVAILABLE FOR PUBLIC INSPECTION OR COPYING
17 EXCEPT:
18 (1) IF REQUESTED BY A CRIMINAL JUSTICE AGENCY, TO THE
19 CRIMINAL JUSTICE AGENCY; OR
20 (2) IF DIRECTED BY A COURT ORDER, TO A PERSON IDENTIFIED
21 IN THE ORDER.
22 § 6509. MARRIAGE APPLICATIONS AND RECORDS.
23 IF A PROGRAM PARTICIPANT UNDER THIS CHAPTER NOTIFIES THE
24 APPROPRIATE COUNTY CLERK AS REQUIRED UNDER RULES ADOPTED BY THE
25 ATTORNEY GENERAL, THE COUNTY CLERK SHALL NOT MAKE AVAILABLE FOR
26 INSPECTION OR COPYING THE NAME AND ACTUAL ADDRESS OF A PROGRAM
27 PARTICIPANT CONTAINED IN MARRIAGE APPLICATIONS AND RECORDS FILED
28 UNDER THIS CHAPTER, EXCEPT UNDER EITHER OF THE FOLLOWING
29 CIRCUMSTANCES:
30 (1) IF REQUESTED BY A CRIMINAL JUSTICE AGENCY, TO THE
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1 CRIMINAL JUSTICE AGENCY.
2 (2) IF DIRECTED BY A COURT ORDER, TO A PERSON IDENTIFIED
3 IN THE ORDER.
4 § 6510. CERTIFICATION CANCELLATION.
5 (A) GENERAL RULE.--THE ATTORNEY GENERAL MAY CANCEL
6 CERTIFICATION OF A PROGRAM PARTICIPANT IF:
7 (1) THE PROGRAM PARTICIPANT FAILS TO NOTIFY THE ATTORNEY
8 GENERAL WITHIN SEVEN BUSINESS DAYS OF A LAWFUL NAME CHANGE OR
9 CHANGE IN ADDRESS.
10 (2) THE APPLICATION PROVIDES FALSE INFORMATION.
11 (3) THE PROGRAM PARTICIPANT'S MAIL OR SERVICE OF
12 PROCESS, SUMMONS, WRIT, NOTICE OR DEMAND IS RETURNED TO THE
13 ATTORNEY GENERAL AS NOT DELIVERABLE.
14 (4) THE PROGRAM PARTICIPANT REFUSES DELIVERY OF MAIL OR
15 SERVICE OF PROCESS, SUMMONS, WRIT, NOTICE OR DEMAND.
16 (5) THE PROGRAM PARTICIPANT'S CERTIFICATION HAS EXPIRED
17 AND CERTIFICATION RENEWAL HAS NOT BEEN COMPLETED.
18 (6) THE ATTORNEY GENERAL HAS DETERMINED THAT
19 PARTICIPATION IN THE PROGRAM IS BEING USED AS A SUBTERFUGE TO
20 AVOID DETECTION OF ILLEGAL OR CRIMINAL ACTIVITY OR
21 APPREHENSION BY LAW ENFORCEMENT.
22 (B) PROCEDURE.--EXCEPT AS PROVIDED IN SUBSECTION (C), IF THE
23 ATTORNEY GENERAL INTENDS TO CANCEL THE PROGRAM PARTICIPANT'S
24 CERTIFICATION UNDER SUBSECTION (A)(1), (2), (3), (4) OR (5), THE
25 ATTORNEY GENERAL SHALL PROVIDE THE PROGRAM PARTICIPANT NOTICE IN
26 WRITING AT THE PROGRAM PARTICIPANT'S LAST KNOWN ADDRESS WITHIN
27 30 DAYS OF THE INTENDED CANCELLATION. A PROGRAM PARTICIPANT
28 SHALL HAVE TEN BUSINESS DAYS AFTER RECEIPT OF NOTICE TO APPEAL
29 THE INTENDED CANCELLATION.
30 (C) EXCEPTION.--THE ATTORNEY GENERAL MAY IMMEDIATELY CANCEL
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1 A PROGRAM PARTICIPANT'S CERTIFICATION UNDER SUBSECTION (A)(6). A
2 PROGRAM PARTICIPANT MAY APPLY FOR REINSTATEMENT WITHIN TEN
3 BUSINESS DAYS AFTER RECEIPT OF NOTICE BY WRITING THE ATTORNEY
4 GENERAL.
5 (D) RECORDS RETENTION.--ANY RECORDS OR DOCUMENTS PERTAINING
6 TO A PROGRAM PARTICIPANT SHALL BE RETAINED BY THE ATTORNEY
7 GENERAL AND HELD CONFIDENTIAL FOR TEN YEARS AFTER CANCELLATION
8 OF CERTIFICATION, AND THEN DESTROYED.
9 § 6511. VOLUNTARY WITHDRAWAL BY PROGRAM PARTICIPANT.
10 A PROGRAM PARTICIPANT MAY VOLUNTARILY WITHDRAW FROM THE
11 PROGRAM BY SUBMITTING TO THE ATTORNEY GENERAL WRITTEN
12 NOTIFICATION OF WITHDRAWAL AND BY RETURNING HIS CURRENT
13 AUTHORIZATION CARD. CERTIFICATION SHALL BE CANCELED ON THE DATE
14 OF RECEIPT OF NOTIFICATION AND AUTHORIZATION CARD.
15 § 6512. EMERGENCY DISCLOSURE.
16 (A) EMERGENCY ACCESS.--THE ATTORNEY GENERAL SHALL ESTABLISH
17 A SYSTEM TO HANDLE EMERGENCIES THAT WILL PROVIDE, ON A 24-HOUR
18 BASIS, ACCESS TO THE ACTUAL ADDRESS OF A PROGRAM PARTICIPANT.
19 (B) DISCLOSURE.--THE ATTORNEY GENERAL MAY DISCLOSE THE
20 ACTUAL ADDRESS OF A PROGRAM PARTICIPANT IF:
21 (1) THE ATTORNEY GENERAL DETERMINES THAT FAILURE TO
22 DISCLOSE THE ACTUAL ADDRESS MAY RESULT IN PHYSICAL HARM TO
23 THE PROGRAM PARTICIPANT OR THE PROGRAM PARTICIPANT'S FAMILY
24 OR HOUSEHOLD MEMBER; OR
25 (2) REQUESTED BY A CRIMINAL JUSTICE AGENCY IN WRITING
26 AND CIRCUMSTANCES WARRANT IMMEDIATE DISCLOSURE.
27 § 6513. CUSTODY ORDERS.
28 (A) GENERAL RULE.--NOTHING IN THIS CHAPTER, NOR
29 PARTICIPATION IN THIS PROGRAM, SHALL AFFECT CUSTODY ORDERS IN
30 EFFECT PRIOR TO OR DURING PROGRAM PARTICIPATION.
19990H1436B2795 - 21 -
1 (B) CUSTODY ORDERS.--PARTICIPATION IN THE PROGRAM DOES NOT
2 CONSTITUTE EVIDENCE OF DOMESTIC VIOLENCE FOR PURPOSES OF ORDERS.
3 § 6514. REPORT TO GENERAL ASSEMBLY.
4 THE ATTORNEY GENERAL SHALL SUBMIT TO THE GOVERNOR AND THE
5 GENERAL ASSEMBLY, NO LATER THAN JANUARY 10 OF EACH YEAR, A
6 REPORT THAT INCLUDES:
7 (1) THE TOTAL NUMBER OF APPLICATIONS RECEIVED BY THE
8 PROGRAM ESTABLISHED UNDER THIS CHAPTER.
9 (2) THE TOTAL NUMBER OF PROGRAM PARTICIPANTS AND WHETHER
10 THOSE PARTICIPANTS ARE ADULTS, MINORS OR INCOMPETENT ADULTS.
11 (3) TOTAL NUMBER OF PIECES OF MAIL FORWARDED TO PROGRAM
12 PARTICIPANTS.
13 (4) TOTAL NUMBER OF PROGRAM PARTICIPANTS DURING THE
14 PROGRAM'S DURATION AND THE AVERAGE LENGTH OF TIME A PROGRAM
15 PARTICIPANT REMAINS IN THE PROGRAM.
16 (5) SUGGESTED CHANGES IN THE PROGRAM OR THIS CHAPTER
17 WHICH ARE NEEDED TO IMPROVE THE PROGRAM'S EFFICIENCY.
18 § 6515. IMMUNITY.
19 THE ATTORNEY GENERAL SHALL BE IMMUNE FROM SUIT FOR ACTS OR
20 OMISSIONS COMMITTED IN GOOD FAITH UNDER THIS CHAPTER.
21 § 6516. PENALTIES.
22 (A) FALSE INFORMATION.--A PERSON WHO KNOWINGLY OR WILLFULLY
23 PROVIDES FALSE INFORMATION IN REGARD TO A MATERIAL FACT IN AN
24 APPLICATION MAY BE SUBJECT TO CANCELLATION OF CERTIFICATION AND
25 PROSECUTION UNDER 18 PA.C.S. § 4904 (RELATING TO UNSWORN
26 FALSIFICATION TO AUTHORITIES).
27 (B) UNLAWFUL ACCESS.--A PERSON WHO GAINS OR ATTEMPTS TO GAIN
28 ACCESS TO A PROGRAM PARTICIPANT'S ACTUAL ADDRESS WHEN NOT
29 ENTITLED TO DO SO UNDER THIS CHAPTER COMMITS A MISDEMEANOR OF
30 THE FIRST DEGREE.
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1 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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