Chapter 09-109

Chapter 109

2009 -- S 0323

Enacted 07/13/09

A N A C T

RELATING TO ELECTIONS -- ADDRESS CONFIDENTIALITY OF DOMESTIC VIOLENCE VICTIMS

Introduced By: Senator Maryellen Goodwin

Date Introduced: February 12, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-28-1, 17-28-2 and 17-28-3 of the General Laws in Chapter 17-

28 entitled "Address Confidentiality for Victims of Domestic Violence" are hereby amended to

read as follows:

17-28-1. Purpose. -- The general assembly finds that persons attempting to escape from

actual or threatened domestic violence frequently establish new addresses in order to prevent their

assailants or probable assailants from finding them. The purpose of this chapter is to enable

victims of domestic violence and members of their household to participate in the electoral

process by providing address confidentiality.

17-28-2. Definitions. -- Unless the context clearly requires otherwise, the definitions in

this section apply throughout this chapter.

(a) "Address" means a residential street address, of an individual, as specified on the

individual's application to be a program participant under this chapter.

(b) "Program participant" means a person certified as a program participant under section

17-28-3.

by the family, superior, or district court pursuant to sections 15-15-1, 15-15-9, or 8-8.1-3 or a

domestic violence no contact order issued by the superior or district court pursuant to section 12-

29-4 or a restraining order or no contact order issued by a court in another state for their

protection and any individual living within the same household as the recipient of the restraining

order.

17-28-3. Address confidentiality program -- Application -- Certification. -- (a) An

adult person who is a victim of domestic violence and any member of his/her household may

apply to the secretary of state to have an address designated by the secretary of state serve as the

person's address. 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:

(1) A sworn statement by the applicant:

(i) That the applicant is a victim of domestic violence, as defined in section 17-28-2(c) of

this chapter; and

(ii) That the applicant fears for his or her safety or his or her children's safety.;

(iii) That the applicant resides in the same household as a victim of domestic violence, as

defined in subsection 17-28-2(c); and

(iv) That the individual who committed the domestic violence has knowledge that the

applicant lives in the same household as the victim of domestic violence, as defined in subsection

17-28-2(c).

(2) 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;

(3) The new address or addresses that the applicant requests not be disclosed for the

reason that disclosure will increase the risk of domestic violence;

(4) The signature of the applicant, and of any individual or representative of any office

designated in writing under section 17-28-6 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.

applicant as a program participant. Applicants shall be certified for four (4) years following the

date of filing unless the certification is withdrawn or invalidated before that date. The secretary of

state shall establish by rule a renewal procedure.

(d) 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 who

knowingly provides false or incorrect information upon making an application, shall be punished

by a fine of not more than five hundred dollars ($500).

SECTION 2. This act shall take effect upon passage.

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LC01350

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