SB 1311

Bill Subjects

Abstract

Existing law authorizes victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law requires the secretary to approve an application if it contains specified statements and evidence, including a designation of the secretary as agent for purposes of service of process. Existing law requires service on the secretary of any summons, writ, notice, demand, or process to be made by delivering to the address confidentiality program personnel of the secretary's office 2 copies of those documents. This bill would require service on the secretary to be made by delivering one copy instead of 2. Existing law requires the secretary, within 10 days after certifying an application, to notify the other parent or parents of the participant's minor child or children, as specified, of the designation of the secretary as agent for purposes of service of process and, unless there is a court order prohibiting contact, the address designated by the secretary for the program participant. This bill would require the secretary to provide the above-described notification unless there is a court order that prohibits contact between the other parent or parents and the minor child or children or the participant. Existing law authorizes the secretary to terminate a program participant's certification and invalidate their authorization card for specified reasons, including if the secretary has determined that false information was used in the application process to qualify as a program participant 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. This bill would instead authorize termination if the secretary is informed that another state agency made that determination. Existing law requires the secretary to notify in writing authorized personnel of the appropriate county clerk's office, county recording office, and state and local agencies of the program participant's certification withdrawal, invalidation, expiration, or termination. This bill would instead require the secretary to cooperate with authorized personnel of the appropriate county clerk's office, county recording office, and state and local agencies to verify the program participant's certification withdrawal, invalidation, expiration, or termination. Existing law prohibits the secretary from making a program participant's address, other than the address designated by the secretary, or a program participant's name change available for inspection or copying, except as provided, including if requested by a law enforcement agency, to the law enforcement agency, and if directed by a court order, to a person identified in the order. This bill would delete the exception for a request made by a law enforcement agency and would instead provide an exception if directed by court order, to a person identified in the order, regardless of whether the person identified in the order is affiliated with a law enforcement agency. This bill would also make various nonsubstantive changes to these provisions.