HOUSE BILL REPORT
SHB 1421
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 13, 2008
Title: An act relating to modifying the provisions of the address confidentiality program.
Brief Description: Modifying address confidentiality program provisions.
Sponsors: By House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Green, Miloscia, Kretz, Armstrong, Appleton, Kessler, Ormsby, Warnick and Moeller; by request of Secretary of State).
Brief History:
State Government & Tribal Affairs: 1/29/08, 1/30/08 [DPS].
Floor Activity:
Passed House: 2/13/08, 96-0.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON STATE GOVERNMENT & TRIBAL AFFAIRS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Hunt, Chair; Appleton, Vice Chair; Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Kretz, Liias, Miloscia and Ormsby.
Staff: Tracey Taylor (786-7196).
Background:
The Address Confidentiality Program (ACP) allows victims of domestic violence, sexual
assault, or stalking to have an alternative address designated as his or her substitute mailing
address. The ACP also allows state and local agencies to comply with requests for public
records without disclosing the confidential location of a victim.
In order to become a participant in the ACP, a person must submit an application to the
Secretary of State (Secretary). The Secretary must approve any application that includes:
Applicants are certified as program participants for four years, subject to renewal,
withdrawal, or invalidation.
A program participant who is qualified to vote may apply to receive ongoing absentee ballots
for all elections in the jurisdiction for which that participant resides. The county auditor
(auditor) is required to send absentee ballots to the participant at the address designated by
the participant in his or her absentee ballot application. The auditor may not release the
participant's address pursuant to a public records request except when the request is by a law
enforcement agency or pursuant to court order. The name and address of a program
participant is excluded from any list of registered voters available to the public. Other than
the alternate address designated by the Secretary, information in the participant's file is not
subject to disclosure except in the following circumstances: if the request is made by a law
enforcement agency or directed by court order, or for purposes of verifying that a person is a
participant in the ACP.
The Secretary may cancel a person's participation in the ACP if the participant's residential
address changes and he or she fails to give the Secretary at least seven days notice of the
address change, or if mail forwarded by the Secretary to the participant is returned as
non-deliverable. The Secretary must cancel a person's participation in the ACP if the
participant changes his or her name or if the participant provides false information in the
application.
Summary of Substitute Bill:
A definition for "stalking" is added to the ACP statute. "Stalking" is defined to have the
same meaning as used in the criminal statutes on harassment, and also includes the threat of
being stalked, regardless of whether the acts of stalking or threats of stalking have been
reported to law enforcement officers.
A person who applies to participate in the ACP must include an address where the applicant
can be contacted by the Secretary.
The Secretary may cancel a person's participation in the ACP if there is a change in the
person's residential address but he or she fails to notify the Secretary in writing within at least
two days of the address change. A participant in the ACP loses certification as a participant
if he or she obtains a legal change of identity.
Except for the address designated by the Secretary, a participant's records may only be
released by the Secretary and pursuant to court order.
The sworn statement by the applicant for the ACP is made under penalty of perjury. If
applicable, a sworn statement is made also under the penalty of perjury, by the applicant for
the ACP that the applicant has reason to believe they are a victim of domestic violence,
sexual assault, or stalking perpetrated by an employee of a law enforcement agency.
If requested by a law enforcement agency, the Secretary may make a participant's file
available to the law enforcement agency if the participant did not indicate that the perpetrator
of the domestic violence, sexual assault or stalking was a law enforcement employee. This
request must be in accordance with official law enforcement duties, be in writing on official
law enforcement letterhead, and signed by the law enforcement agency's chief officer or
designee. The Secretary may make a participant's file available under court order, to the
person identified in the order, if the request is made by a non-law enforcement agency or
when the participant's file indicates he or she has reason to believe the perpetrator of the
domestic violence, sexual assault, or stalking is a law enforcement employee.
A court order for the ACP program participants may only be issued upon a probable cause
finding by a judicial officer that the release of the ACP participant's information is legally
necessary in the course of a criminal investigation or prosecution, or to prevent the immediate
risk to a minor and meets the statutory requirements of Washington's child welfare system.
Obsolete references to "service voter" are replaced with current "absentee voter"
designations.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The Address Confidentiality Program (ACP) is part of a comprehensive program
to increase crime victims rights and to improve services available to them. There is an
amendment that has been worked on during the interim with the Secretary's office, law
enforcement agencies, and crime victims advocates. By strengthening the sworn statements
and clarifying the standard for a court order, the program will work better to protect crime
victims.
(With amendment) The bill and the amendment strengthens this vitally important program for
crime victims that live in fear of discovery.
(Opposed) None.
Persons Testifying: (In support) Dave Johnson, Washington Coalition of Crime Victim
Advocates; and Megan Moreno, Office of the Secretary of State.
(With amendment) Grace Huang, Washington State Coalition Against Domestic Violence.