PRINTER'S NO. 464
No. 441 Session of 2001
INTRODUCED BY BOSCOLA, MELLOW, COSTA, WAGNER, O'PAKE, MUSTO,
GREENLEAF, BELL, SCHWARTZ, KUKOVICH, HUGHES, STACK AND STOUT,
FEBRUARY 15, 2001
REFERRED TO JUDICIARY, FEBRUARY 15, 2001
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for address confidentiality
3 program for victims of domestic violence.
4 The General Assembly finds that persons attempting to escape
5 from actual or threatened domestic violence frequently establish
6 new addresses in order to prevent their assailants or probable
7 assailants from finding them. The purpose of this act is:
8 (1) to enable State and local government agencies to
9 respond to requests for public records without disclosing the
10 location of a victim of domestic violence;
11 (2) to enable cooperation between State and local
12 government agencies and the Attorney General in providing
13 address confidentiality for victims of domestic violence; and
14 (3) to enable State and local government agencies to
15 accept a program participant's use of an address designated
16 by the Attorney General as a substitute mailing address.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
1 Section 1. Title 23 of the Pennsylvania Consolidated
2 Statutes is amended by adding a chapter to read:
3 CHAPTER 65
4 ADDRESS CONFIDENTIALITY PROGRAM FOR
5 VICTIMS OF DOMESTIC VIOLENCE
6 Sec.
7 6501. Definitions.
8 6502. Establishment of program.
9 6503. Duties of Attorney General.
10 6504. Duties of domestic violence programs.
11 6505. Use of substitute address by State and local government
12 agencies.
13 6506. Disclosure of records.
14 6507. Notice.
15 6508. Use of substitute address.
16 6509. Marriage applications and records.
17 6510. Certification cancellation.
18 6511. Voluntary withdrawal by program participant.
19 6512. Emergency disclosure.
20 6513. Custody orders.
21 6514. Report to General Assembly.
22 6515. Immunity.
23 6516. Penalties.
24 § 6501. Definitions.
25 The following words and phrases when used in this chapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Abuse." As defined in section 6102 (relating to
29 definitions).
30 "Actual address." A residential street address, school
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1 address or work address of a program participant.
2 "Attorney General." Includes an employee of the Office of
3 Attorney General responsible for implementing the program.
4 "Authorization card." The card given to program participants
5 by the Office of Attorney General certified to participate in
6 the address confidentiality program.
7 "Criminal justice agency." The term shall have the meaning
8 given to it under 18 Pa.C.S. § 9102 (relating to definitions).
9 "Domestic violence." Abuse which occurs between family or
10 household members, whether or not the abuse has been reported to
11 a law enforcement agency or court. The term includes threats to
12 commit abuse.
13 "Domestic violence program." As defined in section 6102
14 (relating to definitions).
15 "Family or household members." As defined in section 6102
16 (relating to definitions).
17 "Minor." An individual who is under 18 years of age.
18 "Program." The address confidentiality program established
19 within the Office of Attorney General under this chapter.
20 "Program participant." An individual who receives a
21 substitute address from the Attorney General.
22 "State or local government agency." A Commonwealth agency or
23 a government unit other than the Commonwealth or an employee
24 thereof, but only with respect to an act within the scope of the
25 employee's office or employment. The term includes an
26 intermediate unit, an agency of county government and a criminal
27 justice agency.
28 "Substitute address." The official address of the Attorney
29 General or an address designated by the Attorney General to be
30 used by a program participant in lieu of an actual address.
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1 § 6502. Establishment of program.
2 (a) Establishment.--There is hereby established within the
3 Office of Attorney General an address confidentiality program.
4 (b) Application.--The following individuals may apply to the
5 Attorney General to have an address designated by the Attorney
6 General to serve as the individual's, a minor's or an
7 incompetent adult's substitute address:
8 (1) An adult or an emancipated minor applying on behalf
9 of the adult or emancipated minor.
10 (2) A parent, adult household member or guardian ad
11 litem applying on behalf of a minor.
12 (3) A guardian of the person of an adult who has been
13 declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B
14 (relating to appointment of guardian) applying on behalf of
15 the incompetent adult.
16 (c) Assistance.--An application shall be completed in person
17 at a State or local government agency or at a domestic violence
18 program or by an applicant without appearing before such agency
19 or program. If the applicant completes the application with the
20 assistance of a domestic violence program, the applicant shall
21 be able, if the applicant desires, to meet with a domestic
22 violence counselor, receive orientation about the program and
23 receive an individualized threat assessment conducted by a
24 domestic violence counselor.
25 (d) Procedure.--The Attorney General shall approve of an
26 application if it is completed in the manner described in
27 subsection (c), filed in the manner and on the form prescribed
28 by the Attorney General and contains all of the following:
29 (1) A sworn statement by the applicant that the
30 applicant has good reason to believe:
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1 (i) That the applicant, the applicant's children or
2 the minor or incompetent adult on whose behalf
3 application is made is a victim of domestic violence.
4 (ii) That the applicant fears for the applicant's
5 safety or the safety of the applicant's child, or the
6 safety of the minor or incompetent person on whose behalf
7 application is made.
8 (2) The signature of the applicant and any other
9 individual other than a representative of a domestic violence
10 program, who assisted in the preparation of the application,
11 if any, as well as the date on which the applicant signed the
12 application. If the application was completed with the
13 assistance of a representative of a domestic violence
14 program, the signature of the applicant and the
15 representative of the domestic violence program and any other
16 individual who assisted in the preparation of the
17 application, and the date on which the applicant signed the
18 application shall appear on the application.
19 (3) A designation of the Attorney General as agent for
20 the purpose of receiving process and for the purpose of
21 receipt of mail.
22 (4) The mailing address where the applicant or the minor
23 or the incompetent adult on whose behalf application is made
24 can be contacted by the Attorney General and a telephone
25 number where the applicant, minor or incompetent adult may be
26 called by the Attorney General.
27 (5) The address or addresses that the applicant requests
28 not be disclosed.
29 (e) Penalty.--An individual who knowingly or willfully
30 falsely attests in an application that disclosure of an
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1 applicant's address would endanger the applicant's safety or the
2 safety of the applicant's child or the safety of the minor or
3 incompetent adult on whose behalf application is made, or who
4 knowingly or willfully provides false or incorrect information
5 upon making an application may be subject to prosecution under
6 18 Pa.C.S. § 4904 (relating to unsworn falsification to
7 authorities). A notice shall be printed on the face of the
8 application informing the applicant of the penalty under this
9 subsection.
10 (f) Intent to evade prosecution.--Any individual who
11 knowingly enters the address confidentiality program to evade
12 prosecution of criminal laws, regulation under 42 Pa.C.S. Ch. 97
13 Subch. H (relating to registration of sexual offenders) or
14 restrictions placed on the individual by a criminal justice
15 agency commits a felony of the third degree.
16 (g) Service of process.--Service on the Attorney General of
17 a summons, writ, notice, demand or process shall be made by
18 delivering to the Attorney General two copies of the summons,
19 writ, notice, demand or process. If a summons, writ, notice,
20 demand or process is served on the Attorney General, the
21 Attorney General shall immediately cause a copy to be forwarded
22 to the program participant at the address shown on the records
23 of the address confidentiality program so that the summons,
24 writ, notice, demand or process is received by the program
25 participant within five days of the Attorney General's having
26 received it. The Attorney General shall keep a record of all
27 summonses, writs, notices, demands and processes served upon the
28 Attorney General under this chapter and shall record the date
29 and time of service and the Attorney General's action.
30 (h) Filing.--An application shall be filed with the Attorney
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1 General. A filing fee may not be charged.
2 § 6503. Duties of Attorney General.
3 (a) Certification.--Upon approving an application which
4 meets the requirements of section 6502(b), (c) and (d) (relating
5 to establishment of program) the Attorney General shall certify
6 the applicant as a program participant and shall designate an
7 address which may be used as a substitute address. Subject to
8 cancellation of certification or voluntary withdrawal from the
9 program under section 6510 (relating to certification
10 cancellation) or 6511 (relating to voluntary withdrawal by
11 program participant), certification shall be valid for three
12 years. A program participant may apply for recertification every
13 three years thereafter. The Attorney General shall, by
14 regulation, establish a renewal procedure.
15 (b) Mail.--Upon receipt of first-class mail addressed to a
16 program participant, the Attorney General shall forward the mail
17 to the actual address designated by the participant as the place
18 where mail may be received. The Attorney General may arrange to
19 receive and forward other kinds and classes of mail to a program
20 participant at the program participant's expense.
21 (c) Assistance and counseling.--The Attorney General shall
22 designate State and local government agencies and domestic
23 violence programs as locations where applications to the program
24 may be obtained. Assistance and counseling rendered by the
25 Attorney General shall not be considered legal advice.
26 (d) Authorization card and forms.--The Attorney General
27 shall develop an authorization card and forms as necessary for
28 program participants.
29 (e) Rules to facilitate administration.--The Attorney
30 General shall adopt rules to facilitate the administration of
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1 this chapter.
2 § 6504. Duties of domestic violence programs.
3 A domestic violence program shall make available the
4 following services to applicants if the applicant desires or
5 requests such services:
6 (1) Orientation about the program and meeting with a
7 domestic violence counselor.
8 (2) An individualized threat assessment performed by a
9 domestic violence counselor.
10 (3) Assistance with preparation of the application to
11 the program.
12 § 6505. Use of substitute address by State and local government
13 agencies.
14 (a) Request.--A program participant may request that a State
15 or local government agency use the substitute address designated
16 by the Attorney General as the participant's address. When
17 creating a new public record, a State or local government agency
18 shall accept the substitute address designated by the Attorney
19 General as a program participant's address, unless the Attorney
20 General has determined that:
21 (1) The State or local agency has a bona fide statutory
22 or administrative requirement for use of the address which
23 would otherwise be confidential under this chapter.
24 (2) The address which would otherwise be confidential
25 under this chapter will be used only for those statutory or
26 administrative purposes.
27 (b) Procedure.--If the Attorney General makes a
28 determination that a State or local government agency meets the
29 requirements of subsection (a)(1) and (2), the program
30 participant shall provide the State or local government agency
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1 with his actual address.
2 § 6506. Disclosure of records.
3 (a) General rule.--Subject to subsection (b), the Attorney
4 General may not make any records or information in a program
5 participant's file available for inspection or copying except
6 the address designated by the Attorney General as the substitute
7 address of the program participant.
8 (b) Exception.--The Attorney General shall make records and
9 information of a program participant available for inspection or
10 copying:
11 (1) If requested by a criminal justice agency, to the
12 criminal justice agency.
13 (2) If directed by court order, to the person identified
14 in the order.
15 (3) To providers of medical care, social service
16 personnel or a criminal justice agency when emergency
17 disclosure is necessary under section 6512 (relating to
18 emergency disclosure).
19 (c) The Attorney General shall adopt rules regarding the
20 procedures for the availability of records under section 6505(b)
21 (relating to use of substitute address by State and local
22 government agencies).
23 § 6507. Notice.
24 (a) General rule.--Subject to subsection (b), the Attorney
25 General shall notify the program participant in writing within
26 ten business days of any disclosure of a program participant's
27 actual address or any part of the program participant's file.
28 (b) Exception.--The requirement of subsection (a) shall not
29 apply to a disclosure made to a criminal justice agency, a
30 court, or a disclosure made under section 6512 (relating to
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1 emergency disclosure).
2 § 6508. Use of substitute address.
3 (a) Use.--Subject to sections 6505 (relating to use of
4 substitute address by State and local government agencies) and
5 6506 (relating to disclosure of records), a program participant
6 may use the address designated by the Attorney General as his
7 work address, in order to register to vote or to complete a
8 marriage application.
9 (b) Voting.--The Attorney General shall, in consultation and
10 cooperation with the Department of State, develop and implement
11 a mechanism to allow a program participant to register to vote
12 and to vote using the participant's actual address without
13 making the voter registration record or actual address available
14 to the public. No State or local government agency shall include
15 the name or address of a program participant in any list of
16 registered voters available to the public, or make information
17 relating to the program participant contained in voter
18 registration records available for public inspection or copying
19 except:
20 (1) if requested by a criminal justice agency, to the
21 criminal justice agency; or
22 (2) if directed by a court order, to a person identified
23 in the order.
24 § 6509. Marriage applications and records.
25 If a program participant under this chapter notifies the
26 appropriate county clerk as required under rules adopted by the
27 Attorney General, the county clerk shall not make available for
28 inspection or copying the name and actual address of a program
29 participant contained in marriage applications and records filed
30 under this chapter, except under either of the following
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1 circumstances:
2 (1) If requested by a criminal justice agency, to the
3 criminal justice agency.
4 (2) If directed by a court order, to a person identified
5 in the order.
6 § 6510. Certification cancellation.
7 (a) General rule.--The Attorney General may cancel
8 certification of a program participant if:
9 (1) The program participant fails to notify the Attorney
10 General within seven business days of a lawful name change or
11 change in address.
12 (2) The application provides false information.
13 (3) The program participant's mail or service of
14 process, summons, writ, notice or demand is returned to the
15 Attorney General as not deliverable.
16 (4) The program participant refuses delivery of mail or
17 service of process, summons, writ, notice or demand.
18 (5) The program participant's certification has expired
19 and certification renewal has not been completed.
20 (6) The Attorney General has determined that
21 participation in the program is being used as a subterfuge to
22 avoid detection of illegal or criminal activity or
23 apprehension by law enforcement.
24 (b) Procedure.--Except as provided in subsection (c), if the
25 Attorney General intends to cancel the program participant's
26 certification under subsection (a)(1), (2), (3), (4) or (5), the
27 Attorney General shall provide the program participant notice in
28 writing at the program participant's last known address within
29 30 days of the intended cancellation. A program participant
30 shall have ten business days after receipt of notice to appeal
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1 the intended cancellation.
2 (c) Exception.--The Attorney General may immediately cancel
3 a program participant's certification under subsection (a)(6). A
4 program participant may apply for reinstatement within ten
5 business days after receipt of notice by writing the Attorney
6 General.
7 (d) Records retention.--Any records or documents pertaining
8 to a program participant shall be retained by the Attorney
9 General and held confidential for ten years after cancellation
10 of certification, and then destroyed.
11 § 6511. Voluntary withdrawal by program participant.
12 A program participant may voluntarily withdraw from the
13 program by submitting to the Attorney General written
14 notification of withdrawal and by returning his current
15 authorization card. Certification shall be canceled on the date
16 of receipt of notification and authorization card.
17 § 6512. Emergency disclosure.
18 (a) Emergency access.--The Attorney General shall establish
19 a system to handle emergencies that will provide, on a 24-hour
20 basis, access to the actual address of a program participant.
21 (b) Disclosure.--The Attorney General may disclose the
22 actual address of a program participant if:
23 (1) the Attorney General determines that failure to
24 disclose the actual address may result in physical harm to
25 the program participant or the program participant's family
26 or household member; or
27 (2) requested by a criminal justice agency in writing
28 and circumstances warrant immediate disclosure.
29 § 6513. Custody orders.
30 (a) General rule.--Nothing in this chapter, nor
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1 participation in this program, shall affect custody orders in
2 effect prior to or during program participation.
3 (b) Custody orders.--Participation in the program does not
4 constitute evidence of domestic violence for purposes of orders.
5 § 6514. Report to General Assembly.
6 The Attorney General shall submit to the Governor and the
7 General Assembly, no later than January 10 of each year, a
8 report that includes:
9 (1) The total number of applications received by the
10 program established under this chapter.
11 (2) The total number of program participants and whether
12 those participants are adults, minors or incompetent adults.
13 (3) Total number of pieces of mail forwarded to program
14 participants.
15 (4) Total number of program participants during the
16 program's duration and the average length of time a program
17 participant remains in the program.
18 (5) Suggested changes in the program or this chapter
19 which are needed to improve the program's efficiency.
20 § 6515. Immunity.
21 The Attorney General shall be immune from suit for acts or
22 omissions committed in good faith under this chapter.
23 § 6516. Penalties.
24 (a) False information.--A person who knowingly or willfully
25 provides false information in regard to a material fact in an
26 application may be subject to cancellation of certification and
27 prosecution under 18 Pa.C.S. § 4904 (relating to unsworn
28 falsification to authorities).
29 (b) Unlawful access.--A person who gains or attempts to gain
30 access to a program participant's actual address when not
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1 entitled to do so under this chapter commits a misdemeanor of
2 the first degree.
3 Section 2. This act shall take effect in 180 days.
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