The proposed changes include modifying the notification requirements that the Secretary of State must adhere to after certifying an application. Instead of notifying the other parent or parents of a program participant's designation as an agent for service of process without restriction, the bill stipulates that this notification only occurs if there is no existing court order prohibiting contact. Furthermore, it streamlines the process in which a service of process is delivered to the secretary, requiring only one copy instead of two, thereby simplifying interactions for both victims and administrative bodies.
Senate Bill 1311, introduced by Senator Jackson, aims to amend sections of the Government Code to enhance the confidentiality protections for victims of domestic violence, sexual assault, stalking, human trafficking, and elder or dependent adult abuse within California. Under existing law, these victims can apply to have their residential address protected from public disclosure, allowing state and local agencies to respond to public records requests without revealing their true location. The bill seeks to improve this process and provide stronger safeguarding measures for applicants.
The bill introduces specific criteria under which the Secretary of State may terminate a participant's certification based solely on being informed by another state agency. This shift aims to eliminate circumstances where program participation may be used improperly, yet it raises concerns about due process, as victims may have their protections abruptly revoked based on third-party determinations. The deletion of certain exceptions for law enforcement requests regarding address disclosures also sparks debate about the balance between victim protection and law enforcement needs, potentially leading to discussions about the public interest and safety considerations.