AN
ACT Relating to the address confidentiality program; amending RCW 40.24.010,
40.24.030, 40.24.070, and 40.24.080; and repealing RCW 40.24.900.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
40.24.010 and 1991 c 23 s 1 are each amended to read as follows:
The
legislature finds that persons attempting to escape from actual or threatened
domestic violence or sexual assault frequently establish new addresses
in order to prevent their assailants or probable assailants from finding them.
The purpose of this chapter is to enable state and local agencies to respond to
requests for public records without disclosing the location of a victim of
domestic violence or sexual assault, to enable interagency cooperation
with the secretary of state in providing address confidentiality for victims of
domestic violence or sexual assault, and to enable state and local
agencies to accept a program participant's use of an address designated by the
secretary of state as a substitute mailing address.
Sec.
2. RCW
40.24.030 and 1991 c 23 s 3 are each amended to read as follows:
(1)
An adult person, a parent or guardian acting on behalf of a minor, or a
guardian acting on behalf of an incapacitated person, as defined in RCW
11.88.010, may apply to the secretary of state to have an address designated by
the secretary of state serve as the person's address or the address of the
minor or incapacitated person. 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:
(a)
A sworn statement by the applicant that the applicant has good reason to
believe (i) that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence or sexual
assault; and (ii) that the applicant fears for his or her safety or his or
her children's safety, or the safety of the minor or incapacitated person on
whose behalf the application is made;
(b)
A designation of the secretary of state as agent for purposes of service of
process and for the purpose of receipt of mail;
(c)
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;
(d)
The new address or addresses that the applicant requests not be disclosed for
the reason that disclosure will increase the risk of domestic violence or
sexual assault;
(e)
The signature of the applicant and of any individual or representative of any
office designated in writing under RCW 40.24.080 who assisted in the
preparation of the application, and the date on which the applicant signed the
application.
(2)
Applications shall be filed with the office of the secretary of state.
(3)
Upon filing a properly completed application, the secretary of state shall
certify the applicant as a program participant. Applicants shall be certified
for four years following the date of filing unless the certification is
withdrawn or invalidated before that date. The secretary of state shall by
rule establish a renewal procedure.
(4)
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 the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or incorrect information
upon making an application, shall be punishable under RCW 40.16.030 or other
applicable statutes.
Sec.
3. RCW
40.24.070 and 1991 c 23 s 7 are each amended to read as follows:
The
secretary of state may not make any records in a program participant's
((address, other than the address designated by the secretary of state,))
file available for inspection or copying, other than the address
designated by the secretary of state, except under the following
circumstances:
(1)
If requested by a law enforcement agency, to the law enforcement agency;
(2)
If directed by a court order, to a person identified in the order; ((and))
(3)
If certification has been canceled; or
(4)
To verify the participation of a specific program participant, in which case
the secretary may only confirm information supplied by the requester.
Sec.
4. RCW
40.24.080 and 1991 c 23 s 8 are each amended to read as follows:
The
secretary of state shall designate state and local agencies and nonprofit
agencies that provide counseling and shelter services to either victims
of domestic violence or sexual assault to assist persons applying to be
program participants. Any assistance and counseling rendered by the office of
the secretary of state or its designees to applicants shall in no way be
construed as legal advice.
NEW
SECTION. Sec. 5. RCW
40.24.900 and 1991 c 23 s 16 are each repealed.
