HB2302 - 501R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.04, to read:

START_STATUTE12-116.04. Address confidentiality program assessment

A. In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of an offense included in title 13, chapter 14 or 35.1, stalking pursuant to section 13-2923 or a domestic violence offense pursuant to section 13-3601 shall pay an assessment of fifty dollars. The court may waive all or a portion of the assessment if the court finds that the defendant is unable to pay all or any portion of the assessment.

B. The city or county treasurer shall transmit ninety-five per cent of the monies collected pursuant to subsection A of this section to the state treasurer for deposit in the address confidentiality program fund established by section 41-159. The clerk of the court shall retain five per cent of the monies collected pursuant to subsection A of this section for administrative costs.END_STATUTE

Sec. 2. Title 41, chapter 1, Arizona Revised Statutes, is amended by adding article 3, to read:

ARTICLE 3. ADDRESS CONFIDENTIALITY PROGRAM

START_STATUTE41-151. Definitions

In this article, unless the context otherwise requires:

1. "Actual address" means a residential, work or school address as specified on the individual's application to be a program participant and includes the county and voting precinct number.

2. "Address confidentiality program" means the program established pursuant to this article in the office of the secretary of state to protect the confidentiality of the actual address of a relocated victim of domestic violence, a sexual offense or stalking.

3. "Applicant" means an individual identified as such in an application received by the secretary of state pursuant to section 41-153.

4. "Application assistant" means a person designated by the secretary of state to assist an applicant in the preparation of an application to participate in the address confidentiality program.

5. "Domestic violence" has the same meaning prescribed in section 13‑3601.

6. "Program participant" means an individual accepted into the address confidentiality program.

7. "Public record" means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government entity.

8. "Sexual offense" means an offense included in title 13, chapter 14 or 35.1.

9. "Stalking" means an offense prescribed in section 13-2923.

10. "State or local government entity" means every elected or appointed state or local public office, public officer or official, board, commission, bureau, committee, council, department, authority, agency, institution of higher education or other unit of the executive, legislative or judicial branch of this state or any city, town, county, school district or other kind of municipal, quasi‑municipal or public corporation but does not include an agricultural improvement district.

11. "Substitute address" means an address that is designated by the secretary of state under the address confidentiality program and that is used instead of an actual address. END_STATUTE

START_STATUTE41-152. Address confidentiality; duties of secretary of state; application assistant; program termination

A. On or before December 31, 2012, the secretary of state shall establish the address confidentiality program to allow persons who have been subjected to domestic violence offenses, sexual offenses or stalking to keep their residence addresses confidential and not accessible to the general public. Participants in the program shall receive a substitute address that becomes the participant's lawful address of record.

B. The secretary of state shall:

1. Designate a substitute address for a program participant that is used by state and local government entities as set forth in this section.

2. Receive mail sent to a program participant at a substitute address and forward the mail to the program participant as set forth in paragraph 3 of this subsection.

3. Receive first-class, certified or registered mail on behalf of a program participant and forward the mail to the program participant for no charge. The secretary of state may arrange to receive and forward other classes or kinds of mail at the program participant's expense. The secretary of state is not required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered mail.

C. Notwithstanding any other law and except as provided by court rule, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the program participant at the program participant's substitute address with any process, notice or demand required or permitted by law to be served on the program participant. This subsection does not prescribe the only means, or necessarily the required means, of serving a program participant in this state.

D. The secretary of state may designate as an application assistant any person who:

1. Provides counseling, referral or other services to victims of domestic violence, a sexual offense or stalking.

2. Completes any training and registration process required by the secretary of state.

E. Any assistance and counseling rendered by the secretary of state or an application assistant to an applicant related to this section is not legal advice.

F. The program established pursuant to this article ends on July 1, 2021 pursuant to section 41-3102. END_STATUTE

START_STATUTE41-153. Filing and certification of applications; authorization cards

A. Beginning no later than December 31, 2012, on the recommendation of an application assistant, an individual may apply to the secretary of state to participate in the address confidentiality program. The following individuals may apply to the secretary of state to have an address designated by the secretary of state to serve as the substitute address of the individual and any individuals identified pursuant to subsection C, paragraph 10:

1. An adult individual.

2. A parent or guardian acting on behalf of a minor if the minor resides with the individual.

3. A guardian acting on behalf of an incapacitated individual.

B. An application assistant shall assist the individual in the preparation of the application. The application shall be dated, signed and verified by the applicant and shall be signed and dated by the application assistant who assisted in the preparation of the application. The signature of the application assistant serves as the recommendation by the application assistant that the applicant have an address designated by the secretary of state to serve as the substitute address of the applicant. A minor or incapacitated individual on whose behalf a parent or guardian completes an application pursuant to the authority set forth in subsection A, paragraph 1 or 2 is considered the applicant, but any statements that are required to be made by the applicant shall be made by the parent or guardian acting on behalf of the minor or incapacitated individual.

C. The application shall be on a form prescribed by the secretary of state and shall contain all of the following:

1. The applicant's name.

2. A statement by the applicant that the applicant is a victim of domestic violence, a sexual offense or stalking and that the applicant fears for the applicant's safety.

3. Evidence that the applicant is a victim of domestic violence, a sexual offense or stalking. This evidence shall include at least one of the following:

(a) Law enforcement, court or other state or local government entity or federal agency records or files.

(b) Documentation from a domestic violence program or facility, including a battered women's shelter or safe house, if the applicant is alleged to be a victim of domestic violence.

(d) Documentation from a religious, medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense or stalking.

4. A statement by the applicant that disclosure of the applicant's actual address would endanger the applicant's safety.

5. A statement by the applicant that the applicant has confidentially relocated in the past ninety days or will confidentially relocate in this state.

6. A designation of the secretary of state as an agent for the applicant for purposes of receiving certain mail.

7. The mailing address and telephone number where the applicant can be contacted by the secretary of state.

8. The actual address that the applicant requests not to be disclosed by the secretary of state and that directly relates to the increased risk of domestic violence, a sexual offense or stalking.

9. A statement as to whether there is any existing court order or court action involving the applicant or an individual identified pursuant to paragraph 10 of this subsection related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time. The statement shall include the name of the court that issued the order or that has jurisdiction over the action, the case number and the judge assigned to the case.

10. The name of any person who resides with the applicant and who also needs to be a program participant in order to ensure the safety of the applicant and, if the person named in the application is eighteen years of age or older, the consent of the person to be a program participant.

11. A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the application is true.

D. On determining that an application is properly completed, the secretary of state shall certify the applicant and any individual who is identified pursuant to subsection C, paragraph 10 as program participants. On certification, the secretary of state shall issue to the program participant an address confidentiality program authorization card, which shall include the program participant's substitute address. The card remains valid while the program participant remains certified under the program.

E. Applicants and individuals identified pursuant to subsection C, paragraph 10 are certified for four years following the date of filing unless the certification is withdrawn or canceled before the end of the four-year period. A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary public. A certification may be renewed by filing a renewal application with the secretary of state at least thirty days before the expiration of the current certification. The renewal application shall be dated, signed and verified by the applicant and signed and dated by the application assistant who assisted in the preparation of the renewal application. The renewal application shall contain:

1. Any statement or information that is required by subsection C and that has changed from the original application or a prior renewal application.

2. A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the renewal application and a prior application is true. END_STATUTE

START_STATUTE41-154. Change of name, address or telephone number; cancellation of certification

A. A program participant shall notify the secretary of state within thirty days after the program participant has obtained a legal name change by providing the secretary of state a certified copy of any judgment or order evidencing the change or any other documentation the secretary of state deems to be sufficient evidence of the name change.

B. A program participant shall notify the secretary of state of a change in address or telephone number from the address or telephone number listed for the program participant on the application pursuant to section 41-153, subsection C no later than seven days after the change occurs.

C. The certification of a program participant shall be canceled under any of the following circumstances:

1. The program participant files a request for withdrawal of the certification pursuant to section 41-153, subsection E.

2. The program participant fails to notify the secretary of state of a change in the program participant's name, address or telephone number listed on the application pursuant to this section.

3. The program participant or parent or guardian who completes an application on behalf of an applicant knowingly submitted false information in the program application.

4. Mail forwarded to the program participant by the secretary of state is returned as undeliverable.

D. If the secretary of state determines that there is one or more grounds for canceling certification of a program participant pursuant to subsection C of this section, the secretary of state shall send notice of cancellation to the program participant. The notice of cancellation shall set forth the reasons for cancellation. The program participant has thirty days to appeal the cancellation decision under rules adopted by the secretary of state.

E. An individual who ceases to be a program participant is responsible for notifying any person who uses the substitute address that the designated substitute address is no longer valid. END_STATUTE

START_STATUTE41-155. Disclosure of actual address prohibited; violation; classification

A. The secretary of state shall not disclose any address or telephone number of a program participant other than the substitute address designated by the secretary of state, except under any of the following circumstances:

1. The information is required by direction of a court order, except that any person to whom a program participant's address or telephone number has been disclosed shall not disclose the address or telephone number to any other person unless permitted to do so by order of the court or as otherwise provided by law.

2. The secretary of state grants a request by a state or local government entity pursuant to section 41-157, subsection D.

B. The secretary of state shall provide immediate notification of disclosure to a program participant if disclosure is made pursuant to subsection A of this section.

C. If, at the time of application, an applicant or an individual identified pursuant to section 41-153, subsection C, paragraph 10 is subject to a court order related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court that issued the order of the certification of the program participant in the address confidentiality program and the substitute address designated by the secretary of state. If, at the time of application, an applicant or an individual identified pursuant to section 41-153, subsection C, paragraph 10 is involved in a court action related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court having jurisdiction over the action of the certification of the applicant in the address confidentiality program and the substitute address designated by the secretary of state.

D. A person shall not intentionally or knowingly obtain a program participant's actual address or telephone number from the secretary of state or a state or local government entity knowing that the person is not authorized to obtain the address information.

E. An employee of the secretary of state or a state or local government entity shall not intentionally or knowingly disclose a program participant's actual address or telephone number unless the disclosure is permissible by law. This subsection only applies if an employee obtains a program participant's actual address or telephone number during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the actual address or telephone number disclosed belongs to a program participant.

F. Any person who intentionally or knowingly obtains or discloses information in violation of this section is guilty of a class 1 misdemeanor. END_STATUTE

START_STATUTE41-156. Address use by state or local government entities

A. The program participant, and not the secretary of state, is responsible for requesting that a state or local government entity use the program participant's substitute address as the program participant's residential, work or school address for all purposes for which the state or local government entity requires or requests the residential, work or school address.

B. Except as otherwise provided in this section or unless the secretary of state grants a state or local government entity's request for disclosure pursuant to section 41-157, if a program participant submits a current and valid address confidentiality program authorization card to the state or local government entity, the state or local government entity shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address when creating a new public record. The substitute address given to the state or local government entity is considered the last known address for the program participant used by the state or local government entity until the time that the state or local government entity receives notification pursuant to section 41-154. The state or local government entity may make a photocopy of the card for the records of the state or local government entity and shall immediately return the card to the program participant.

C. Except as otherwise provided in this section or by order of the court, if a program participant submits a current and valid address confidentiality program authorization card to the court, the court shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address. The substitute address given to the court is considered the last known address for the program participant used by the court until the time that the court receives notification pursuant to section 41-154. The court may make a photocopy of the card for the court file and shall return the card to the program participant.

D. The secretary of state shall send notice to the appropriate county election official and recorder when a person becomes a program participant so that the participant's address can be kept confidential in the same manner as prescribed by section 16-153. Before sending the notice, the secretary of state shall check the statewide database to determine whether the participant's address is already protected as prescribed by section 16-153. If a program participant would like to register to vote, other than online or at a driver license examination facility, the participant shall present a completed form with the participant's substitute address and address confidentiality program card to the appropriate election official. The program participant shall provide the election official with the participant's actual physical address for precinct purposes.

E. A designated election official shall use the actual address of a program participant for precinct designation and all official election‑related purposes and shall keep the program participant's actual address confidential from the public. The election official shall use the substitute address for all correspondence and mailings placed in the United States mail. The substitute address shall not be used as an address for voter registration.

F. A state or local government entity's access to a program participant's voter registration shall be governed by the disclosure process set forth in section 41-157.

G. This section applies only to a program participant who submits a current and valid address confidentiality program authorization card when registering to vote.

H. A program participant who completes an application to register to vote at a driver license examination facility while receiving a driver license or an identification card is required to have the program participant's actual address on the driver license or identification card. A program participant whose driver license has the substitute address may register to vote, if otherwise eligible, pursuant to subsection E of this section.

I. The substitute address shall not be used for purposes of listing, appraising or assessing property taxes and collecting property taxes.

J. If a program participant is required by law to swear or affirm to the program participant's address, the program participant may use the participant's substitute address.

K. The substitute address shall not be used for purposes of assessing any taxes or fees on a motor vehicle or for titling or registering a motor vehicle. Notwithstanding any law to the contrary, any record that includes a program participant's actual address pursuant to this subsection shall be confidential and not available for inspection by anyone other than the program participant.

L. The substitute address shall not be used on any document related to real property recorded with a recorder. If a program participant would like to keep real property records confidential, the program participant shall comply with section 11-483.

M. A school district shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the secretary of state. The secretary of state shall facilitate the transfer of student records from one school to another.

N. Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by a state or local government entity or disclosed by the secretary of state is not a public record that is subject to inspection. This subsection shall not apply to the following:

1. Any public record created more than ninety days before the date that the program participant applied to be certified in the program.

2. If a program participant voluntarily requests that a state or local government entity use the participant's actual address or voluntarily gives the actual address to the state or local government entity.

O. For any public record created within ninety days before the date that a program participant applied to be certified in the program, a state or local government entity shall redact the actual address from a public record or change the actual address to the substitute address in the public record, if a program participant who presents a current and valid program authorization card requests the entity that maintains the public record to use the substitute address instead of the actual address on the public record. END_STATUTE

START_STATUTE41-157. Request for disclosure

A. except as otherwise provided by law, A state or local government entity requesting disclosure of a program participant's actual address pursuant to this section shall make the request in writing on the entity's letterhead and shall provide the secretary of state with the following information:

1. The name of the program participant for whom the state or local government entity seeks disclosure of the actual address.

2. A statement, with explanation, setting forth the reason that the state or local government entity needs the program participant's actual address and a statement that the state or local government entity cannot meet its statutory or administrative obligations without disclosure of the program participant's actual address.

3. A particular statement of facts showing that other methods to locate the program participant or the program participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed.

4. A statement that the state or local government entity has adopted a procedure setting forth the steps the state or local government entity will take to protect the confidentiality of the program participant's actual address.

5. Any other information as the secretary of state may reasonably request in order to identify the program participant in the records of the secretary of state.

B. The secretary of state shall provide the program participant with notice of a request for disclosure received pursuant to subsection A, and, to the extent possible, the participant shall be afforded an opportunity to be heard regarding the request.

C. Except as otherwise provided in subsection D, the secretary of state shall provide the program participant with written notification if a request for a disclosure is granted or denied pursuant to this section.

D. A notice or opportunity to be heard shall not be provided to the program participant if the request for disclosure is made by a state or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the program participant or if providing notice to the program participant would jeopardize an ongoing criminal investigation or the safety of law enforcement personnel.

E. The secretary of state shall promptly conduct a review of all requests received pursuant to this section. The director of the address confidentiality program, or the director's designee, shall ensure that state and local government entities have twenty-four hour access to the director or the director's designee for the purposes of a request for disclosure. In conducting a review, the secretary of state shall consider all information received pursuant to subsection A, paragraphs 1 and 2 and any other appropriate information that the secretary of state may require.

F. The secretary of state shall grant a state or local government entity's request for disclosure and disclose a program participant's actual address pursuant to this section if:

1. The state or local government entity has a bona fide statutory or administrative need for the actual address.

2. The actual address will only be used for the purpose stated in the request.

3. Other methods to locate the program participant or the program participant's actual address have been tried and have failed or the methods reasonably appear to be unlikely to succeed.

4. The state or local government entity has adopted a procedure for protecting the confidentiality of the actual address of the program participant.

G. on granting a request for disclosure pursuant to this section, the secretary of state shall provide the state or local government entity with the disclosure that contains:

1. The program participant's actual address.

2. A statement setting forth the permitted use of the actual address and the names or classes of persons permitted to have access to and use of the actual address.

3. A statement that the state or local government entity is required to limit access to and use of the actual address to the permitted use and persons set forth in the disclosure.

4. The date on which the permitted use expires, if expiration is appropriate, after which the state or local government entity may no longer maintain, use or have access to the actual address.

H. A state or local government entity whose request is granted by the secretary of state pursuant to this section shall:

1. Limit the use of the program participant's actual address to the purposes set forth in the disclosure.

2. Limit the access to the program participant's actual address to the persons or classes of persons set forth in the disclosure.

3. Cease to use and dispose of the program participant's actual address on the expiration of the permitted use, if applicable.

4. Except as otherwise set forth in the disclosure, maintain the confidentiality of a program participant's actual address.

I. on denial of a state or local government entity's request for disclosure, the secretary of state shall provide prompt written notification to the state or local government entity stating that the state or local government entity's request has been denied and setting forth the specific reasons for the denial.

J. A state or local government entity may file written exceptions with the secretary of state no more than fifteen days after written notification is provided pursuant to subsection I. The exceptions shall restate the information contained in the request for disclosure, state the grounds on which the state or local government entity asserts that the request for disclosure should be granted and specifically respond to the secretary of state's specific reasons for denial.

K. Unless the state or local government entity filing exceptions agrees otherwise, the secretary of state shall make a final determination regarding the exceptions within thirty days after the filing of exceptions pursuant to subsection J. Before making a final determination regarding the exceptions, the secretary of state may request additional information from the state or local government entity or the program participant and conduct a hearing. If the final determination of the secretary of state is that the denial of the state or local government entity's request for disclosure was properly denied, the secretary of state shall provide the state or local government entity with written notification of this final determination stating that the state or local government entity's request has again been denied and setting forth the specific reasons for the denial. If the final determination of the secretary of state is that the denial of the state or local government entity's request for disclosure has been improperly denied, the secretary of state shall grant the state or local government entity's request for disclosure in accordance with this section. The final determination of the secretary of state shall constitute final entity action.

L. The record before any judicial review of a final entity action pursuant to subsection K shall consist of the state or local government entity's request for disclosure, the secretary of state's written response, the state or local government entity's exceptions, the hearing transcript, if any, and the secretary of state's final determination.

M. During any period of review, evaluation or appeal, the state or local government entity, to the extent possible, shall accept and use the program participant's substitute address.

N. Notwithstanding any other provision of this section, the secretary of state shall establish an expedited process for disclosure to be used by a court, clerk of the court, criminal justice official or agency or a probation department for situations where disclosure is related to a criminal proceeding or investigation involving a program participant or any other court proceeding. An official or agency receiving information pursuant to this subsection shall certify to the secretary of state that the official or agency has a system in place to protect the confidentiality of a program participant's actual address from the public and from personnel who are not involved in the trial, hearing, proceeding or investigation.

O. This section does not prevent the secretary of state from granting a request for disclosure to a state or local government entity pursuant to this section on receipt of a program participant's written consent to do so. END_STATUTE

START_STATUTE41-158. Nondisclosure of address in court proceedings

A court or administrative tribunal may seal the portion of any record that contains a program participant's actual address. This section does not prevent a state or local government entity, in its discretion, from using a program participant's actual address in any document or record filed with a court or administrative tribunal if, at the time of filing, the document or record is not a public record. END_STATUTE

START_STATUTE41-159. Address confidentiality program fund

A. The address confidentiality program fund is established consisting of assessments collected pursuant to section 12-116.04.

B. The secretary of state shall administer the fund and spend monies in the fund in order to defray the cost of the administration of the address confidentiality program.

C. On notice from the secretary of state, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 3. Funding intent

It is the intent of the legislature that the address confidentiality program established pursuant to section 41-152, Arizona Revised Statutes, as added by this act, shall not be funded by the state general fund but shall be funded by levying a surcharge on fines or other penalties assessed against persons who are convicted of offenses involving domestic violence, sexual offenses and stalking.

Sec. 4. Effective date

Section 12-116.04, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2011.