By Shapiro S.B. No. 27
77R1335 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an address confidentiality program to
1-3 assist victims of family violence or stalking in maintaining
1-4 confidential addresses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-7 amended by adding Subchapter C to read as follows:
1-8 SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR
1-9 VICTIMS OF FAMILY VIOLENCE OR STALKING
1-10 Art. 56.91. DEFINITIONS. In this subchapter:
1-11 (1) "Applicant" means an applicant for participation
1-12 in the program.
1-13 (2) "Family violence" has the meaning assigned by
1-14 Section 71.004, Family Code.
1-15 (3) "Family violence shelter center" has the meaning
1-16 assigned by Section 51.002, Human Resources Code.
1-17 (4) "Participant" means an applicant who is accepted
1-18 for participation in the program.
1-19 (5) "Program" means the address confidentiality
1-20 program created under this subchapter.
1-21 Art. 56.92. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
1-22 secretary of state shall establish an address confidentiality
1-23 program, as provided by this subchapter, to assist a victim of
1-24 family violence or an offense under Section 42.072, Penal Code, in
2-1 maintaining a confidential address.
2-2 (b) The secretary of state shall:
2-3 (1) designate a substitute address that a participant
2-4 may use in place of the participant's true residential, business,
2-5 or school address;
2-6 (2) act as agent to receive service of process and
2-7 mail on behalf of the participant; and
2-8 (3) forward to the participant mail received by the
2-9 secretary of state on behalf of the participant.
2-10 (c) A participant's true residential, business, or school
2-11 address is confidential, except as provided by Article 56.96.
2-12 Art. 56.93. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To
2-13 be eligible to participate in the program, an applicant must:
2-14 (1) file an application for participation with the
2-15 secretary of state, or a state or local agency designated by the
2-16 secretary of state under Article 56.97;
2-17 (2) designate the secretary of state as agent to
2-18 receive service of process and mail on behalf of the applicant; and
2-19 (3) live at a residential address, or relocate to a
2-20 residential address, that is unknown to the person who committed or
2-21 is alleged to have committed the family violence or an offense
2-22 under Section 42.072, Penal Code.
2-23 (b) An application under Subsection (a)(1) must contain:
2-24 (1) a signed, sworn statement by the applicant that:
2-25 (A) the applicant, the applicant's child, or
2-26 other person on whose behalf the application is made:
2-27 (i) is a victim of an offense involving
3-1 family violence or an offense under Section 42.072, Penal Code, and
3-2 the person who committed or is alleged to have committed the
3-3 offense has been convicted of the offense;
3-4 (ii) is protected by an order issued under
3-5 Section 6.504 or Chapter 85, Family Code, under Article 17.292 of
3-6 this code, or by another jurisdiction as provided by Chapter 88,
3-7 Family Code; or
3-8 (iii) has stayed overnight at a family
3-9 violence shelter center at least three times during the year
3-10 preceding the date of application; and
3-11 (B) the applicant fears for the safety of the
3-12 applicant, the applicant's child, or other person because of a
3-13 threat of immediate or future harm caused by the person who
3-14 committed or is alleged to have committed the family violence or an
3-15 offense under Section 42.072, Penal Code; and
3-16 (2) the applicant's true residential address, and if
3-17 applicable, the applicant's business and school addresses.
3-18 (c) An applicant is not required under Subsection
3-19 (b)(1)(A)(ii) or (iii) to prove the commission of a criminal
3-20 offense to be eligible for participation in the program. It is
3-21 sufficient that the applicant make a signed, sworn statement as
3-22 described by Subsection (b)(1).
3-23 (d) The secretary of state may by rule establish additional
3-24 eligibility requirements for participation in the program that are
3-25 consistent with the purpose of the program as stated in Article
3-26 56.92(a).
3-27 Art. 56.94. INELIGIBILITY AND CANCELLATION. An applicant is
4-1 ineligible for, and a participant may be excluded from,
4-2 participation in the program if the applicant or participant
4-3 knowingly makes a false statement on an application filed under
4-4 Article 56.93(a)(1).
4-5 Art. 56.95. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
4-6 (a) Except as provided by Subsection (b), a state or local agency
4-7 must accept the substitute address designated by the secretary of
4-8 state if the substitute address is presented to the agency by a
4-9 participant in place of the participant's true residential,
4-10 business, or school address.
4-11 (b) The secretary of state may by rule permit an agency to
4-12 require a participant to provide the participant's true
4-13 residential, business, or school address, if necessary for the
4-14 agency to perform a duty or function that is imposed by law.
4-15 Art. 56.96. EXCEPTIONS. Notwithstanding Article 56.92(c),
4-16 the secretary of state:
4-17 (1) shall disclose a participant's true residential,
4-18 business, or school address if:
4-19 (A) requested by a law enforcement agency; or
4-20 (B) required by court order; and
4-21 (2) may disclose a participant's true residential,
4-22 business, or school address to the extent necessary to administer
4-23 the program.
4-24 Art. 56.97. AGENCY ASSISTANCE. The secretary of state shall
4-25 identify state and local agencies that provide services to victims
4-26 of family violence and require the identified agencies to provide
4-27 access to the program, including making program information and
5-1 application materials available and providing assistance in
5-2 completing program applications.
5-3 Art. 56.98. RULES. The secretary of state shall adopt rules
5-4 to administer the program.
5-5 SECTION 2. Chapter 82, Election Code, is amended by adding
5-6 Section 82.007 to read as follows:
5-7 Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
5-8 PROGRAM. A qualified voter is eligible for early voting by mail
5-9 if, at the time the voter's early voting ballot application is
5-10 submitted, the voter is accepted for participation in the address
5-11 confidentiality program administered by the secretary of state
5-12 under Chapter 56, Code of Criminal Procedure.
5-13 SECTION 3. Subchapter A, Chapter 84, Election Code, is
5-14 amended by adding Section 84.0021 to read as follows:
5-15 Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN
5-16 ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An
5-17 early voting ballot application submitted by a qualified voter who
5-18 is eligible for early voting by mail under Section 82.007 must
5-19 include:
5-20 (1) the applicant's name and the election precinct in
5-21 which the applicant is registered to vote;
5-22 (2) the substitute address designated by the secretary
5-23 of state under Article 56.92(b), Code of Criminal Procedure, for
5-24 use by the voter in place of the voter's true residential,
5-25 business, or school address; and
5-26 (3) an indication of each election for which the
5-27 applicant is applying for a ballot.
6-1 (b) The information contained in an application under this
6-2 section is confidential, except that the information must be
6-3 disclosed if:
6-4 (1) requested by a law enforcement agency; or
6-5 (2) required by court order.
6-6 SECTION 4. The secretary of state shall establish a program
6-7 and adopt rules to administer the program, as required by
6-8 Subchapter C, Chapter 56, Code of Criminal Procedure, as added by
6-9 this Act, not later than June 1, 2002.
6-10 SECTION 5. This Act takes effect immediately if it receives
6-11 a vote of two-thirds of all the members elected to each house, as
6-12 provided by Section 39, Article III, Texas Constitution. If this
6-13 Act does not receive the vote necessary for immediate effect, this
6-14 Act takes effect September 1, 2001.