SECTIONS 6205-6210 - California Statutes

GOVERNMENT CODE

SECTION 6205-6210

6205. The Legislature finds that persons attempting to escape from
actual or threatened domestic violence, sexual assault, or stalking
frequently establish new names or addresses in order to prevent their
assailants or probable assailants from finding them. The purpose of
this chapter is to enable state and local agencies to respond to
requests for public records without disclosing the changed name or
location of a victim of domestic violence, sexual assault, or
stalking, to enable interagency cooperation with the Secretary of
State in providing name and address confidentiality for victims of
domestic violence, sexual assault, or stalking, and to enable state
and local agencies to accept a program participant's use of an
address designated by the Secretary of State as a substitute mailing
address.

6205.5. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "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 chapter.
(b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
(c) "Program participant" means a person certified as a program
participant under Section 6206.
(d) "Sexual assault" means an act or attempt made punishable by
Section 220, 261, 261.5, 262, 264.1, 266c, 269, 285, 286, 288, 288.5,
288a, 289, or 647.6 of the Penal Code.
(e) "Stalking" means an act as defined in Section 646.9 of the
Penal Code.

6206. (a) 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 Secretary of State to have an address designated by
the Secretary of State serve as the person's address or the address
of the minor or incapacitated person. An application shall be
completed in person at a community-based victims' assistance program.
The application process shall include a requirement that the
applicant shall meet with a victims' assistance counselor and receive
orientation information about the program. The Secretary of State
shall approve an application if it is filed in the manner and on the
form prescribed by the Secretary of State and if it contains all of
the following:
(1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
(A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence, sexual assault, or stalking.
(B) 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.
(2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or
sexual assault, the application may be accompanied by evidence
including, but not limited to, any of the following:
(A) Police, court, or other government agency records or files.
(B) Documentation from a domestic violence or sexual assault
program if the person is alleged to be a victim of domestic violence
or sexual assault.
(C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence or sexual assault.
(D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence or sexual assault.
(3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application shall be accompanied by evidence including, but not
limited to, any of the following:
(A) Police, court, or other government agency records or files.
(B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
(C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
(4) A statement of whether there are any existing court orders
involving the applicant for child support, child custody, or child
visitation, and whether there are any active court actions involving
the applicant for child support, child custody, or child visitation,
the name and address of legal counsel of record, and the last known
address of the other parent or parents involved in those court orders
or court actions.
(5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
(A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the Office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
(B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
(C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
(D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
(6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
(7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, or stalking.
(8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
(b) Applications shall be filed with the office of the Secretary
of State.
(c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date. The Secretary of State shall by rule establish a renewal
procedure.
(d) Upon certification, in any case where there are court orders
or court actions identified in paragraph (4) of subdivision (a) and
there is no other or superseding court order dictating the specific
terms of communication between the parties, the Secretary of State
shall, within 10 days, notify the other parent or parents of the
address designated by the Secretary of State for the program
participant and the designation of the Secretary of State as agent
for purposes of service of process. The notice shall be given by
mail, return receipt requested, postage prepaid, to the last known
address of the other parent to be notified. A copy shall also be sent
to that parent's counsel of record.
(e) 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,
is guilty of a misdemeanor. A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.

6206.4. The Secretary of State shall keep confidential name changes
of program participants obtained pursuant to subdivision (b) of
Section 1277 of the Code of Civil Procedure. The Secretary of State
shall have the same responsibilities and obligations to program
participants who have obtained a name change as to any other program
participant under this chapter.

6206.5. (a) The Secretary of State 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 Secretary of State with at least seven days' prior
notice of the change of address.
(b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
(c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(e) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed, except for
change of name records, which shall be retained permanently.

6206.7. (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card. Certification shall be terminated on the date of
receipt of this notification.
(b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
(1) The program participant's certification term has expired and
certification renewal has not been completed.
(2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
(3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
(4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
(5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
(c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant. The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
(d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
(e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
(f) Following termination of program participant certification as
a result of subdivision (b), the address confidentiality program
manager may disclose information contained in the participant's
application.

6207. (a) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When creating a public record, state and local
agencies shall accept the address designated by the Secretary of
State as a program participant's substitute address, unless the
Secretary of State has determined both of the following:
(1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
(2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
(b) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address. When modifying or maintaining a public record,
excluding the record of any birth, fetal death, death, or marriage
registered under Division 102 (commencing with Section 102100) of the
Health and Safety Code, state and local agencies shall accept the
address designated by the Secretary of State as a program participant'
s substitute address, unless the Secretary of State has determined
both of the following:
(1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
(2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
(c) A program participant may use the address designated by the
Secretary of State as his or her work address.
(d) The office of the Secretary of State shall forward all
first-class mail and all mail sent by a governmental agency to the
appropriate program participants. The office of the Secretary of
State shall not handle or forward packages regardless of size or type
of mailing.
(e) Notwithstanding subdivisions (a) and (b), program participants
shall comply with the provisions specified in subdivision (d) of
Section 1808.21 of the Vehicle Code if requesting suppression of the
records maintained by the Department of Motor Vehicles. Program
participants shall also comply with all other provisions of the
Vehicle Code relating to providing current address information to the
department.

6207.5. A program participant who is otherwise qualified to vote
may seek to register and vote in a confidential manner pursuant to
Section 2166.5 of the Elections Code.

6208. The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of State,
or a program participant's name change available for inspection or
copying, except under any of the following circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in the
order.
(c) If certification has been canceled.

6208.5. The Secretary of State shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter
services to victims of domestic violence or stalking to assist
persons applying to be program participants. Any assistance and
counseling rendered by the office of the Secretary of State or its
designees to applicants shall in no way be construed as legal advice.

6209. The Secretary of State may adopt rules to facilitate the
administration of this chapter by state and local agencies.

6209.7. (a) Nothing in this chapter, nor participation in this
program, affects custody or visitation orders in effect prior to or
during program participation. A program participant who falsifies his
or her location in order to unlawfully avoid custody or visitation
orders is subject to immediate termination from the program and is
guilty of a misdemeanor.
(b) Participation in the program does not constitute evidence of
domestic violence or stalking for purposes of making custody or
visitation orders.

6210. (a) Notwithstanding Section 7550.5, the Secretary of State
shall submit to the Legislature, no later than January 10 of each
year, a report that includes the total number of applications
received for the program established by this chapter. The report
shall disclose the number of program participants within each county
and shall also describe any allegations of misuse relating to
election purposes.
(b) The Secretary of State shall commence accepting applications
and other activities under this program on July 1, 1999.
(c) Notwithstanding Section 7550.5, the Secretary of State shall
submit to the Legislature by January 1, 2004, a report that includes
the total number of pieces of mail forwarded to program participants,
the number of program participants during the program's duration,
the number of program participants who obtained a confidential name
change pursuant to subdivision (b) of Section 1277 of the Code of
Civil Procedure, the average length of time a participant remains in
the program, and the targeted code changes needed to improve the
program's efficiency and cost-effectiveness.