Posted by: Forever on: June 6, 2008
I left my abuser…but he keeps coming after me… nobody was there to stop him…so I went back…
If I leave him, he’ll just come find me… so I might as well stay…”
I’m afraid to stay home alone… my ex might show up one day if he finds out where I am….”
Its been ten years and still I keep the shades closed on the windows, always wondering if he’s out there…”
I don’t live in fear anymore…
I cleaned my house with the windows open for the first time in years …”
I’m free…. I finally feel like I’ve
gotten my life back…
Thank you ACP!

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A BILL TO BE ENTITLED |
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| AN ACT | |||
| relating to the creation of an address confidentiality program to | |||
| assist victims of family violence, sexual assault, or stalking in | |||
| maintaining confidential addresses. | |||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||
| SECTION 1. Chapter 56, Code of Criminal Procedure, is | |||
| amended by adding Subchapter C to read as follows: | |||
| SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF | |||
| FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING | |||
| Art. 56.81. DEFINITIONS. In this subchapter: | |||
| (1) ”Applicant” means a person who applies to | |||
| participate in the program. | |||
| (2) ”Family violence” has the meaning assigned by | |||
| Section 71.004, Family Code. | |||
| (3) ”Family violence shelter center” has the meaning | |||
| assigned by Section 51.002, Human Resources Code. | |||
| (4) ”Mail” means first class mail and any mail sent by | |||
| a government agency. The term does not include a package, | |||
| regardless of size or type of mailing. | |||
| (5) ”Participant” means an applicant who is certified | |||
| for participation in the program. | |||
| (6) ”Program” means the address confidentiality | |||
| program created under this subchapter. | |||
| Art. 56.82. ADDRESS CONFIDENTIALITY PROGRAM. (a) The | |||
| attorney general shall establish an address confidentiality | |||
| program, as provided by this subchapter, to assist a victim of | |||
| family violence or an offense under Section 22.011, 22.021, 25.02, | |||
| or 42.072, Penal Code, in maintaining a confidential address. | |||
| (b) The attorney general shall: | |||
| (1) designate a substitute post office box address | |||
| that a participant may use in place of the participant’s true | |||
| residential, business, or school address; | |||
| (2) act as agent to receive service of process and mail | |||
| on behalf of the participant; and | |||
| (3) forward to the participant mail received by the | |||
| office of the attorney general on behalf of the participant. | |||
| (c) A summons, writ, notice, demand, or process may be | |||
| served on the attorney general on behalf of the participant by | |||
| delivery of two copies of the document to the office of the attorney | |||
| general. The attorney general shall retain a copy of the summons, | |||
| writ, notice, demand, or process and forward the original to the | |||
| participant not later than the third day after the date of service | |||
| on the attorney general. | |||
| (d) The attorney general shall make and retain a copy of the | |||
| envelope in which certified mail is received on behalf of the | |||
| participant. | |||
| Art. 56.83. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To | |||
| be eligible to participate in the program, an applicant must: | |||
| (1) meet with a victim’s assistance counselor from a | |||
| state or local agency or other entity designated by the attorney | |||
| general under Article 56.92 and receive orientation information | |||
| about the program; | |||
| (2) file an application for participation with the | |||
| attorney general or a state or local agency or other entity | |||
| designated by the attorney general under Article 56.92; | |||
| (3) designate the attorney general as agent to receive | |||
| service of process and mail on behalf of the applicant; and | |||
| (4) live at a residential address, or relocate to a | |||
| residential address, that is unknown to the person who committed or | |||
| is alleged to have committed the family violence or an offense under | |||
| Section 22.011, 22.021, 25.02, or 42.072, Penal Code. | |||
| (b) An application under Subsection (a)(2) must contain: | |||
| (1) a signed, sworn statement by the applicant stating | |||
| that the applicant fears for the safety of the applicant, the | |||
| applicant’s child, or another person in the applicant’s household | |||
| because of a threat of immediate or future harm caused by the person | |||
| who committed or is alleged to have committed the family violence or | |||
| an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal | |||
| Code; | |||
| (2) the applicant’s true residential address and, if | |||
| applicable, the applicant’s business and school addresses; and | |||
| (3) a statement by the applicant of whether there is an | |||
| existing court order or a pending court case for child support or | |||
| child custody or visitation that involves the applicant and, if so, | |||
| the name and address of: | |||
| (A) the legal counsel of record; and | |||
| (B) each parent involved in the court order or | |||
| pending case. | |||
| (c) An application under Subsection (a)(2) must be | |||
| completed by the applicant in person at the state or local agency or | |||
| other entity with which the application is filed. An applicant who | |||
| knowingly or intentionally makes a false statement in an | |||
| application under Subsection (a)(2) is subject to prosecution under | |||
| Chapter 37, Penal Code. | |||
| (d) A state or local agency or other entity with which an | |||
| application is filed under Subsection (a)(2) shall forward the | |||
| application to the office of the attorney general. | |||
| (e) The attorney general by rule may establish additional | |||
| eligibility requirements for participation in the program that are | |||
| consistent with the purpose of the program as stated in Article | |||
| 56.82(a). The attorney general may establish procedures for | |||
| requiring an applicant, in appropriate circumstances, to submit | |||
| with the application under Subsection (a)(2) independent | |||
| documentary evidence of family violence or an offense under Section | |||
| 22.011, 22.021, 25.02, or 42.072, Penal Code, in the form of: | |||
| (1) an active or recently issued protective order; | |||
| (2) an incident report or other record maintained by a | |||
| law enforcement agency or official; | |||
| (3) a statement of a physician or other health care | |||
| provider regarding the applicant’s medical condition as a result of | |||
| the family violence or offense; or | |||
| (4) a statement of a mental health professional, a | |||
| member of the clergy, an attorney or other legal advocate, a trained | |||
| staff member of a family violence center, or another professional | |||
| who has assisted the applicant in addressing the effects of the | |||
| family violence or offense. | |||
| (f) Any assistance or counseling provided by the attorney | |||
| general or an employee or agent of the attorney general to an | |||
| applicant does not constitute legal advice. | |||
| Art. 56.84. CERTIFICATION; EXPIRATION. (a) The attorney | |||
| general shall certify for participation in the program an applicant | |||
| who satisfies the eligibility requirements under Article 56.83. | |||
| (b) A certification under this article expires on the third | |||
| anniversary of the date of certification. | |||
| Art. 56.85. RENEWAL. To renew a certification under | |||
| Article 56.84, a participant must satisfy the eligibility | |||
| requirements under Article 56.83 as if the participant were | |||
| originally applying for participation in the program. | |||
| Art. 56.86. INELIGIBILITY AND CANCELLATION. (a) An | |||
| applicant is ineligible for, and a participant may be excluded | |||
| from, participation in the program if the applicant or participant | |||
| knowingly makes a false statement on an application filed under | |||
| Article 56.83(a)(2). | |||
| (b) A participant may be excluded from participation in the | |||
| program if: | |||
| (1) mail forwarded to the participant by the attorney | |||
| general is returned undeliverable on at least four occasions; | |||
| (2) the participant changes the participant’s true | |||
| residential address as provided in the application filed under | |||
| Article 56.83(a)(2) and does not notify the attorney general of the | |||
| change at least 10 days before the date of the change; or | |||
| (3) the participant changes the participant’s name. | |||
| Art. 56.87. WITHDRAWAL. A participant may withdraw from | |||
| the program by notifying the attorney general in writing of the | |||
| withdrawal. | |||
| Art. 56.88. CONFIDENTIALITY; DESTRUCTION OF INFORMATION. | |||
| (a) Information relating to a participant: | |||
| (1) is confidential, except as provided by Article | |||
| 56.90; and | |||
| (2) may not be disclosed under Chapter 552, Government | |||
| Code. | |||
| (b) Except as provided by Article 56.82(d), the attorney | |||
| general may not make a copy of any mail received by the office of the | |||
| attorney general on behalf of the participant. | |||
| (c) The attorney general shall destroy all information | |||
| relating to a participant on the third anniversary of the date | |||
| participation in the program ends. | |||
| Art. 56.89. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS. | |||
| (a) Except as provided by Subsection (b), a state or local agency | |||
| must accept the substitute post office box address designated by | |||
| the attorney general if the substitute address is presented to the | |||
| agency by a participant in place of the participant’s true | |||
| residential, business, or school address. | |||
| (b) The attorney general by rule may permit an agency to | |||
| require a participant to provide the participant’s true | |||
| residential, business, or school address, if necessary for the | |||
| agency to perform a duty or function that is imposed by law or | |||
| administrative requirement. | |||
| Art. 56.90. EXCEPTIONS. The attorney general: | |||
| (1) shall disclose a participant’s true residential, | |||
| business, or school address if: | |||
| (A) requested by: | |||
| (i) a law enforcement agency; or | |||
| (ii) the Department of State Health | |||
| Services or a local health authority for the purpose of making a | |||
| notification described by Article 21.31, Section 54.033, Family | |||
| Code, or Section 81.051, Health and Safety Code; or | |||
| (B) required by court order; and | |||
| (2) may disclose a participant’s true residential, | |||
| business, or school address if: | |||
| (A) the participant consents to the disclosure; | |||
| and | |||
| (B) the disclosure is necessary to administer the | |||
| program. | |||
| Art. 56.91. LIABILITY. (a) The attorney general or an | |||
| agent or employee of the attorney general is immune from liability | |||
| for any act or omission by the agent or employee in administering | |||
| the program if the agent or employee was acting in good faith and in | |||
| the course and scope of assigned responsibilities and duties. | |||
| (b) An agent or employee of the attorney general who does | |||
| not act in good faith and in the course and scope of assigned | |||
| responsibilities and duties in disclosing a participant’s true | |||
| residential, business, or school address is subject to prosecution | |||
| under Chapter 39, Penal Code. | |||
| Art. 56.92. PROGRAM ASSISTANCE. The attorney general | |||
| shall: | |||
| (1) identify state and local agencies and other | |||
| entities, whether for-profit or nonprofit, that provide counseling | |||
| and shelter services to victims of family violence; and | |||
| (2) require the identified agencies to provide access | |||
| to the program, including making program information and | |||
| application materials available and providing assistance in | |||
| completing program applications. | |||
| Art. 56.93. RULES. The attorney general shall adopt rules | |||
| to administer the program. | |||
| SECTION 2. Article 56.54, Code of Criminal Procedure, is | |||
| amended by amending Subsection (c) and adding Subsection (l) to | |||
| read as follows: | |||
| (c) Except as provided by Subsections (h), [and] (i), and | |||
| (l), the compensation to victims of crime auxiliary fund may be used | |||
| by the attorney general only for the payment of compensation to | |||
| claimants or victims under this subchapter. | |||
| (l) The attorney general may use the compensation to victims | |||
| of crime auxiliary fund to cover costs incurred by the attorney | |||
| general in administering the address confidentiality program | |||
| established under Subchapter C. | |||
| SECTION 3. Section 18.005(a), Election Code, is amended to | |||
| read as follows: | |||
| (a) Each original and supplemental list of registered | |||
| voters must: | |||
| (1) contain the voter’s name, residence address or | |||
| substitute post office box address, if required by Section 18.0051, | |||
| date of birth, and registration number as provided by the statewide | |||
| computerized voter registration list; | |||
| (2) be arranged alphabetically by voter name; and | |||
| (3) contain the notation required by Section 15.111[; | |||
| and | |||
| [(4) until Section 13.122(d) expires, identify each | |||
| voter registered by mail for the first time who failed to provide a | |||
| copy of a document described by Section 63.0101 establishing the | |||
| voter's identity at the time of registration]. | |||
| SECTION 4. Subchapter A, Chapter 18, Election Code, is | |||
| amended by adding Section 18.0051 to read as follows: | |||
| Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An | |||
| original or supplemental list of registered voters must contain a | |||
| voter’s substitute post office box address designated by the | |||
| attorney general under Article 56.82(b), Code of Criminal | |||
| Procedure, for use by the voter in place of the voter’s true | |||
| residential, business, or school address if the voter is eligible | |||
| for early voting by mail under Section 82.007 and has submitted an | |||
| early voting ballot application as required by Section 84.0021. | |||
| SECTION 5. Chapter 82, Election Code, is amended by adding | |||
| Section 82.007 to read as follows: | |||
| Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY | |||
| PROGRAM. A qualified voter is eligible for early voting by mail if, | |||
| at the time the voter’s early voting ballot application is | |||
| submitted, the voter is certified for participation in the address | |||
| confidentiality program administered by the attorney general under | |||
| Chapter 56, Code of Criminal Procedure. | |||
| SECTION 6. Subchapter A, Chapter 84, Election Code, is | |||
| amended by adding Section 84.0021 to read as follows: | |||
| Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN | |||
| ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. | |||
| (a) An early voting ballot application submitted by a qualified | |||
| voter who is eligible for early voting by mail under Section 82.007 | |||
| must include: | |||
| (1) the applicant’s name and address at which the | |||
| applicant is registered to vote; | |||
| (2) the substitute post office box address designated | |||
| by the attorney general under Article 56.82(b), Code of Criminal | |||
| Procedure, for use by the voter in place of the voter’s true | |||
| residential, business, or school address; and | |||
| (3) an indication of each election for which the | |||
| applicant is applying for a ballot. | |||
| (b) The information contained in an application under this | |||
| section relating to the address at which the applicant is | |||
| registered to vote is confidential, except that the information | |||
| must be disclosed if: | |||
| (1) requested by a law enforcement agency; or | |||
| (2) required by court order. | |||
| SECTION 7. Chapter 221, Election Code, is amended by adding | |||
| Section 221.018 to read as follows: | |||
| Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL | |||
| INFORMATION. (a) Notwithstanding Section 84.0021(b), the | |||
| tribunal hearing an election contest may examine the information | |||
| contained in an application under Section 84.0021 relating to the | |||
| address at which the applicant is registered to vote. | |||
| (b) Information may be examined under this section only for | |||
| the purpose of hearing an election contest. | |||
| SECTION 8. The attorney general shall establish the address | |||
| confidentiality program and adopt rules to administer the program | |||
| as required by Subchapter C, Chapter 56, Code of Criminal | |||
| Procedure, as added by this Act, not later than June 1, 2008. | |||
| SECTION 9. This Act takes effect immediately if it receives | |||
| a vote of two-thirds of all the members elected to each house, as | |||
| provided by Section 39, Article III, Texas Constitution. If this | |||
| Act does not receive the vote necessary for immediate effect, this | |||
|
Act takes effect September 1, 2007. |
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| State (year of implementation) | Statute |
| Arkansas (2005) | Ark. Stat. Ann. 27-16-810 |
| California (1998) | Cal. Govt. Code §6206 |
| Connecticut (2004) | - |
| Florida (1998) | F.S.A. §741.403 |
| Illinois (1999) (no funding) | 750 ILCS 61/ |
| Indiana (2001) | IC §5-26.5-2 |
| Maine (2002) | 5 M.S.R.A. §90-B |
| Massachusetts (2001) | M.G.L.A. 9A §2 |
| Nebraska (2003) | Neb. Rev. Stat. §42-1201 through 42-1210 |
| Nevada (1997) | N.R.S. §217.462 |
| New Hampshire (2001) | N.H. Rev. Stat. Ann. §7:43 |
| New Jersey (1998) | N.J. Stat. Ann. §47:4-4 |
| North Carolina (2002) | N.C. Gen. Stat. §15C-1 |
| Oklahoma (2002) | 22 Okla. Stat. Ann. §60.14 |
| Oregon (2006) | 2005 Or. Laws, Chap. 821 (SB 850) |
| Pennsylvania (2005) | 2004 Pa. Laws, Act 188 |
| Rhode Island (1999) | R.I. Gen Laws §17-28-3 |
| Vermont (2000) | 15 VSA §1152 |
| Washington (1991) | RCW §40.24.030 |
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