[First Reprint]

SENATE, No. 768

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senators BUBBA, BENNETT, Martin and Cafiero

An Act concerning the protection of persons threatened by domestic violence and supplementing Title 47 of the Revised Statutes, and enacting an additional chapter.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. An additional chapter 4 is added to Title 47 as follows:

Title 47

Chapter 4

Address Confidentiality Program

    47:4-1. This act shall be known and shall be cited as the "Address Confidentiality Program Act."

    47:4-2. The Legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses to prevent their assailants from finding them. The purpose of this act is to enable public agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, to enable interagency cooperation with the Secretary of State in providing address confidentiality for victims of domestic violence, and to enable public agencies to accept a program participant's use of an address designated by the Secretary of State as a substitute mailing address.

    47:4-3. As used in this act:

    "Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this act.

    "Program participant" means a person certified by the Secretary of State as eligible to participate in the Address Confidentiality Program established by this act.

    "Department" means the Department of State.

    "Domestic violence" means an act defined in section 3 of P.L.1991, c.261 (C.2C:25-19), where the act has been reported to a law enforcement agency or court.

    "Secretary" means the Secretary of State.

    47:4-4. a. There is created in the Department a program to be known as the "Address Confidentiality Program." A person over the age of 18, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the secretary to have an address designated by the secretary as the applicant's address. The secretary shall approve an application if it is filed in the manner and on the form prescribed by the secretary and if it contains:

    (1) a sworn statement by the applicant that the applicant has good reason to believe:

    (a) that the person seeking a confidential address is a victim of domestic violence as defined in this act; and

    (b) that the applicant fears further violent acts from the applicant's assailant;

    (2) a designation of the secretary as agent for the purpose of receiving process and for the purpose of receipt of mail;

    (3) the mailing address where the applicant can be contacted by the secretary, and a telephone number where the applicant can be called;

    (4) the new address or addresses that the applicant requests not to be disclosed because of the increased risk of domestic violence; and

    (5) the signature of the applicant and any person who assisted in the preparation of the application, and the date.

    b. An application shall be filed with the office of the secretary.

    c. Upon approving a completed application, the secretary shall certify the applicant as a program participant. An applicant shall be certified for three years following the date of filing unless the certification is withdrawn or invalidated before that date.

    d. An applicant may apply to be recertified every three years thereafter.

    e. The secretary, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.

    47:4-5. a. A person who falsely attests in an application that disclosure of the applicant's address would expose the applicant to danger or further acts of domestic violence shall be subject to penalties for perjury. The existence of a restraining order issued pursuant to section 13 of the "Prevention of Domestic Violence Act," P.L.1991, c.261 (C.2C:25-29) or pursuant to P.L.1981, c.426 (C.2C:25-1 et seq.), or issued in any other jurisdiction for the purpose of protecting the applicant from domestic violence, shall create a rebuttable presumption that the application is made in good faith.

    b. A person who knowingly provides a false or incorrect name, address or telephone number in an application shall be subject to penalties for perjury and shall immediately lose certification as a program participant.

    c. The secretary may cancel a program participant's certification if:

    (1) the program participant obtains a name change through an order of the court;

    (2) the program participant changes the residential address and does not provide seven days' advance notice pursuant to the ¹[reles] rules¹ promulgated by the secretary ;

    (3) mail forwarded by the secretary is returned as undeliverable; or

    (4) any information on the application is false.

    The application form shall notify each applicant of the provisions of this subsection.

    47:4-6. a. A program participant may request that State and local agencies use the address designated by the secretary as the program participant's address. The agency shall accept the address designated by the secretary as a program participant's address, unless the agency has demonstrated to the satisfaction of the secretary that:

    (1) the agency has a bona fide statutory basis for requiring the program participant to disclose to it the actual location of the program participant; and

    (2) the disclosed confidential address of the program participant will be used only for that statutory purpose and will not be disclosed or made available in any way to any other person or agency.

    b. A program participant may use the address designated by the secretary as his or her work address.

    c. Upon receipt of first class mail addressed to a program participant, the secretary or a designee shall forward the mail to the actual address of the participant. The secretary may arrange to receive and forward other kinds and classes of mail for any program participant at the participant's expense. The actual address of a program participant shall be available only to the secretary and to those employees involved in the operation of the address confidentiality program ¹and to law enforcement officers for law enforcement purposes¹.

    2. This act shall take effect immediately.

Establishes the "Address Confidentiality Program" for victims of domestic violence.