Title 42
State Affairs and Government

Chapter 164
Address Confidentiality Program

§ 42-164-3. Address confidentiality program.

(a) Pursuant to the provisions of subsection (b) of this section, a person may apply to the secretary of state to have an address designated by the secretary to serve as the person’s substitute address. Upon receipt by the secretary of a mail or process for a participant, the office of the secretary shall immediately forward all such mail or process to the appropriate program participants at the address specified by the participant for that purpose, and shall record the date of such forwarding.

(b) The secretary of state shall approve an application if it is filed on the form prescribed by the secretary of state, signed and dated, containing the following:

(1) The applicant’s statement made under oath, under penalty of perjury, that:

(i) The applicant is a victim of domestic violence or abuse;

(ii) The applicant fears for the applicant’s safety or the applicant’s children’s or ward’s safety;

(iii) The applicant resides or will reside at a location in this state that is not known by the person who committed domestic violence or abuse, or threatens the applicant or the applicant’s child or ward with domestic violence or abuse; and

(iv) The applicant will not disclose his or her actual address to the person who committed domestic violence or abuse or threatens the applicant or the applicant’s child or ward with domestic violence or abuse;

(2) The actual address that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence or abuse;

(3) If different than the actual address, the preferred mailing address where the applicant can be contacted by the secretary; and the telephone number or numbers where the applicant can be called by the secretary; and, if available, the applicant’s email address; and

(4) A designation of the secretary as agent for purposes of service of process and for the purpose of receipt of mail, with a signed acknowledgement of the following:

(i) The applicant acknowledges that acceptance into the address confidentiality program does not relieve the applicant of any legal responsibility, including, without limitation, court summonses, subpoenas, divorce or child custody orders, and arrest warrants.

(ii) The applicant acknowledges that failure to promptly notify the secretary of changes to the applicant’s contact information, including address, email address, and telephone number, may cause a delay in the applicant’s receipt of legal documents, including notices of upcoming court hearings for divorce, child custody, or criminal matters, which may result in negative legal ramifications for the applicant, including, without limitation, a default for failure to respond.

(c) A parent, or legal guardian acting on behalf of a minor or an incapacitated person may submit an application if the parent or legal guardian states under oath, under penalty of perjury, that the parent or legal guardian has legal authority to act on the minor’s or incapacitated person’s behalf.

(d) The application shall include a place for the applicant to identify any state, federal, or local agency that employs a person who committed an act of abuse or domestic violence against the applicant or the applicant’s child or ward.

(e) Upon receipt of a properly completed application, the secretary shall certify the applicant as a program participant. Applicants shall be certified for five (5) years following the date of filing, at which time the applicant may apply for renewal.

(f) Once certified, the program participant may use the address designated by the secretary as the applicant’s home and work address.

(g) A program participant shall notify the secretary of state of any name change and of any change in actual address as soon as possible and within no more than thirty (30) days of the change.

(h) Service of process on a program participant, a program participant’s minor child, incapacitated person, or other adult member of the program participant’s household shall be complete when the secretary receives such process by mail or otherwise.

(i) If a summons, writ, notice, demand, or process is served on the secretary, the secretary shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program in order that the summons, writ, notice, demand, or process is received by the program participant within three (3) days of the secretary having received it.