SECTIONS 6215-6216 - California Statutes

GOVERNMENT CODE

SECTION 6215-6216

6215. The Legislature finds and declares the following:
(a) Persons working in the reproductive health care field,
specifically the provision of terminating a pregnancy, are often
subject to harassment, threats, and acts of violence by persons or
groups.
(b) In 2000, 30 percent of respondents to a Senate Office of
Research survey of 172 California reproductive health care providers
reported they or their families had been targets of acts of violence
by groups that oppose reproductive rights at locations away from
their clinics or offices.
(c) Persons and groups that oppose reproductive rights attempt to
stop the provision of legal reproductive health care services by
threatening reproductive health care service providers, clinics,
employees, volunteers, and patients. The names, photographs, spouses'
names, and home addresses of these providers, employees, volunteers,
and patients have been posted on Internet Web sites. From one Web
site list that includes personal information of reproductive health
care service providers, seven persons have been murdered and 14 have
been injured. As of August 5, 2002, there are 78 Californians listed
on this site. The threat of violence toward reproductive health care
service providers and those who assist them has clearly extended
beyond the clinic and into the home.
(d) Nationally, between 1992 and 1996, the number of reproductive
health care service providers declined by 14 percent. Nearly one out
of every four women must travel more than 50 miles to obtain
reproductive health care services dealing with the termination of a
pregnancy. There exists a fear on the part of physicians to enter the
reproductive health care field and to provide reproductive health
care services.
(e) Reproductive health care services are legal medical
procedures. In order to prevent potential acts of violence from being
committed against providers, employees, and volunteers who assist in
the provision of reproductive health care services and the patients
seeking those services, it is necessary for the Legislature to ensure
that the home address information of these individuals is kept
confidential.
(f) The purpose of this chapter is to enable state and local
agencies to respond to requests for public records without disclosing
the residential location of a reproductive health care services
provider, employee, volunteer, or patient, to enable interagency
cooperation with the Secretary of State in providing address
confidentiality for reproductive health care services providers,
employees, volunteers, and patients, 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.

6215.1. 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) "Reproductive health care services" means health care services
relating to the termination of a pregnancy in a reproductive health
care services facility.
(c) "Reproductive health care services provider, employee,
volunteer, or patient" means a person who obtains, provides, or
assists, at the request of another person, in obtaining or providing
reproductive health care services, or a person who owns or operates a
reproductive health care services facility.
(d) "Reproductive health care services facility" includes a
hospital, an office operated by a licensed physician and surgeon, a
licensed clinic, or other licensed health care facility that provides
reproductive health care services and includes only the building or
structure in which the reproductive health care services are actually
provided.

6215.2. (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 to 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 assistance program
designated by the Secretary of State. The application process shall
include a requirement that the applicant shall meet with a 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) 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 reproductive health care service
provider, employee, or volunteer who is fearful for his or her
safety or the safety of his or her family because of his or her
affiliation with a reproductive health care services facility, the
application shall be accompanied by all of the following:
(A) Documentation showing that the individual is to commence
employment or is currently employed as a provider or employee at a
reproductive health care services facility or is volunteering at a
reproductive health care services facility.
(B) A certified statement signed by a person authorized by the
reproductive health care services facility stating that the facility
or any of its providers, employees, volunteers, or patients is or was
the target of threats or acts of violence within one year of the
date of the application. A person who willfully certifies as true any
material matter pursuant to this section which he or she knows to be
false is guilty of a misdemeanor.
(C) A sworn statement that the applicant fears for his or her
safety or the safety of his or her family, or the safety of the minor
or incapacitated person on whose behalf the application is made due
to his or her affiliation with the reproductive health care services
facility providing the declaration described in subparagraph (B).
(2) If the applicant alleges that the basis for the application is
that the applicant is a reproductive health care services facility
volunteer, the application shall, in addition to the documents
specified in paragraph (1), be accompanied by reproductive health
care services facility documentation showing the length of time the
volunteer has committed to working at the facility.
(3) If the applicant alleges that the basis of the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a person who is or has been the
target of threats or acts of violence because he or she is obtaining
or seeking to obtain services at a reproductive health care services
facility within one year of the date of the application, the
application shall be accompanied by the following:
(A) A sworn statement that the applicant has good reason to fear
for his or her safety or the safety of his or her family.
(B) Any police, court, or other government agency records or files
that show any complaints of the alleged threats or acts of violence.
(4) 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.
(5) The mailing address where the applicant can be contacted by
the Secretary of State, and the telephone number or numbers where the
applicant can be called by the Secretary of State.
(6) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
acts of violence toward the applicant.
(7) The signature of the applicant and of any individual or
representative of any office designated in writing 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) Applications submitted by a reproductive health care services
facility, its providers, employees, or volunteers shall be
accompanied by payment of a fee to be determined by the Secretary of
State. This fee shall not exceed the actual costs of enrolling in the
program. In addition, annual fees may also be assessed by the
Secretary of State to defray the actual costs of maintaining this
program. Annual fees assessed by the Secretary of State shall also be
used to reimburse the General Fund for any amounts expended from
that fund for the purposes of this chapter. No applicant who is a
patient of a reproductive health care services facility shall be
required to pay an application fee or the annual fee under this
program.
(d) The Address Confidentiality for Reproductive Health Care
Services Fund is hereby created in the General Fund. Upon
appropriation by the Legislature, moneys in the fund are available
for the administration of the program established pursuant to this
chapter.
(e) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants, with the exception of reproductive health care services
facilities volunteers, shall be certified for four years following
the date of filing unless the certification is withdrawn, or
invalidated before that date. Reproductive health care services
facility volunteers shall be certified until six months from the last
date of volunteering with the facility. The Secretary of State shall
by rule establish a renewal procedure.
(f) 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 family 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.

6215.3. (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 mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(c) The Secretary of State shall cancel certification of a program
participant who applies using false information.
(d) The Secretary of State shall cancel certification of a program
participant who fails to disclose a change in employment status, or
termination as a provider or volunteer.
(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 without further
notice.

6215.4. (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 who is a provider, employee, or
volunteer fails to disclose a change in employment, or termination as
volunteer or provider.
(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, and county recording office 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 paragraph (2) of subdivision (b), the address
confidentiality program manager may disclose information contained in
the participant's application.

6215.5. (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 that 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 that 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 subdivision (a), 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.

6215.6. 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.

6215.7. The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of
State, 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.

6215.8. The Secretary of State shall designate state and local
agencies and nonprofit agencies that may 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.

6215.9. The Secretary of State may adopt rules to facilitate the
administration of this chapter by state and local agencies. The
Secretary of State shall administer this chapter together with and in
the same manner as the Address Confidentiality For Victims of
Domestic Violence and Stalking (Safe at Home) program.

6216. (a) 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
under this program on April 1, 2003.
(c) The Secretary of State shall submit to the Legislature by July
1, 2006, 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 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.