_______________________________________________
HOUSE
BILL 1546
_______________________________________________
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time 01/29/2001. Referred to Committee on State Government.
Authorizing address confidentiality for victims of
stalking.
AN
ACT Relating to address confidentiality for victims of stalking; and amending
RCW 40.24.010, 40.24.030, and 40.24.080.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
40.24.010 and 1998 c 138 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, or stalking
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, or stalking, to enable interagency cooperation with the
secretary of state in providing address confidentiality for victims of domestic
violence ((or)), sexual assault, or stalking, 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 1998 c 138 s 2 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, or stalking; 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, or stalking;
(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
40.24.080 and 1998 c 138 s 4 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, or
stalking 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.
