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Senate Bill 324
By: Senators Jackson of the 41st, Dugan of the 30th, Brass of the 28th and Jones II of the
22nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state
1
printing and documents, so as to provide for a victim centered address confidentiality2
program; to provide for application to such program; to provide for designation of3
confidential addresses; to provide for certification of program participants; to provide for4
renewal and cancellation of certifications; to provide for disclosures; to provide for real5
property records; to provide for training; to provide for related matters; to repeal conflicting6
laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing10
and documents, is amended by adding a new article to read as follows:11
"ARTICLE 8
12
50-18-150.13
As used in this article, the term:14 23 LC 44 2369
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(1) 'Confidential address' means a participant's residential address or other address or15
addresses that could be used to physically locate the participant, including a school16
attended by the participant or the participant's place of employment.17
(2) 'Designated address' means the publicly available address provided by a participant18
to the office.19
(3) 'Governmental entity' means:20
(A) Every state department, agency, board, bureau, office, commission, public21
corporation, and authority;22
(B) Every county, municipal corporation, school district, or other political subdivision23
of this state;24
(C) Every department, agency, board, bureau, office, commission, authority, or similar25
body of each such county, municipal corporation, or other political subdivision of the26
state; and27
(D) Every city, county, regional, or other authority established pursuant to the laws of28
this state.29
(4) 'Office' means the office of the Secretary of State.30
(5) 'Participant' means an individual who is currently certified to participate in the31
program pursuant to this article.32
(6) 'Program' means the victim centered address confidentiality program established by33
this article.34
(7) 'Victim advocate' means an employee or volunteer of the office who serves victims35
of domestic violence, dating violence, sexual assault, stalking, or human trafficking and36
who has completed training pursuant to Code Section 50-18-152 to assist individuals in37
completing applications for the program.38 23 LC 44 2369
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50-18-151.39
(a) There is created within the office of the Secretary of State a victim centered address40
confidentiality program.41
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, an individual42
who is changing his or her residence and who is at least 18 years of age or an43
emancipated minor may apply to the program, with or without the assistance of a victim44
advocate, for certification as a participant by the office upon providing an affidavit45
affirming that the disclosure of his or her actual address or addresses will increase the risk46
that he or she will be threatened or physically harmed by another person or that he or she47
has been a victim of domestic violence, dating violence, sexual assault, stalking, or48
human trafficking.49
(2) An individual who is the legal parent or court appointed guardian of a minor may50
apply to the program on behalf of the minor upon providing a sworn affidavit under the51
penalty of perjury affirming that the disclosure of the minor's actual address or addresses52
will increase the risk that the minor will be threatened or physically harmed by another53
person or that the minor has been the victim of domestic violence, dating violence, sexual54
assault, stalking, or human trafficking and a letter from a victim service provider55
certifying that an individual or the parent or court appointed guardian of such individual56
is receiving services related to their victimization. The letter need not describe such57
services in detail.58
(c) In order to be certified as a participant in the program, an individual shall submit to the59
office an application containing:60
(1) The full legal name and date of birth of the individual;61
(2) A knowing and voluntary designation of the office as the individual's agent for the62
purposes of receiving mail and service of process;63
(3) The mailing address, telephone number, and email address, if applicable, at which64
the office may contact the individual;65 23 LC 44 2369
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(4) An acknowledgment that the individual is requesting that his or her confidential66
address not be disclosed; 67
(5) The signature of the individual, the name and signature of the parent or legal68
guardian or victim advocate who assisted the individual, if applicable, and the date the69
application was signed;70
(6) At the discretion of the office, an option for the individual to select the type of71
offense the individual believes warrants the need for participation in the program. The72
office may not consider information provided or withheld pursuant to this paragraph as73
certifying the participant; and74
(7) A letter from a victim service provider indicating that they are receiving services75
related to their victimization.76
(d) Upon receipt of an application in compliance with subsection (c) of this Code section,77
the office shall:78
(1) Certify the individual as a participant;79
(2) Issue the participant an address confidentiality card containing the name of and a80
unique identification number for the participant and the designated address of the81
participant;82
(3) Classify each eligible address listed in the application as a confidential address;83
(4) Provide the participant with information concerning the manner in which the84
participant may use the office as the agent of the participant for the purposes of receiving85
mail and service of process; and86
(5) Provide the participant with information regarding methods to protect a confidential87
address, including, but not limited to, information regarding the risks of disclosing the88
confidential address to other persons and the risks of using social media and other similar89
technologies, including geotagging photographs, and other information that the office90
determines would help the participant protect his or her confidential address. A91
participant shall update information provided in an application within 30 days after a92 23 LC 44 2369
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change to that information has occurred by submitting a notice of change to the office on93
a form prescribed by the office.94
(e) A participant's certification shall be valid for four years. A participant who continues95
to be eligible for the program pursuant to this article may renew the certification of the96
participant. The renewal application shall be received by the office within 60 days prior97
to the end of the four-year certification period. The renewal application shall be on a form98
prescribed by the office and shall meet the requirements of this article. A renewal of99
certification of a participant shall not alter the unique identification number issued pursuant100
to subsection (d) of this Code section.101
(f) If a minor participant will turn 18 years of age while his or her certification remains102
valid, the office shall mail a certification continuance application to that participant within103
60 days of his or her eighteenth birthday.104
(g) The certification continuance application shall be on a form prescribed by the office,105
shall meet the requirements of this article, and shall inform the participant of his or her106
right to choose to continue or discontinue in the program. The participant may continue107
certification after turning 18 years of age by completing the certification continuance108
application with or without the assistance of a victim advocate.109
(h) An application submitted pursuant to this article and the information of a participant110
shall be confidential, shall not be a public record, shall be exempt from disclosure pursuant111
to Article 4 of Chapter 18 of Title 50 or any similar law, and may only be disclosed as112
authorized pursuant to this article.113
(i) An offender who is required to register pursuant to Code Section 42-1-12 shall not be114
eligible to submit an application and shall not be certified as a participant.115
(j) A confidential address shall not be a public record and shall be exempt from disclosure116
pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, except as otherwise117
provided in this article.118 23 LC 44 2369
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(k) A participant may withdraw from the program at any time by providing written notice119
of such withdrawal to the office.120
(l) No individual shall apply for certification as a participant with the intent of avoiding121
prosecution or a lawful court order.122
(m) The office shall promulgate rules and regulations as necessary to implement the123
provisions of this article.124
50-18-152.125
(a) The office shall develop and offer a training program for victim advocates to obtain126
certification pursuant to this article. The training program shall, at a minimum, include:127
(1) Exhaustive information regarding the program;128
(2) Methods for assisting applicants with completing application forms;129
(3) Criteria for determining program eligibility;130
(4) Information to be provided to participants pursuant to subsection (d) of Code Section131
50-18-151; and132
(5) Instruction on how to submit completed applications and supporting documents to133
the office.134
(b) The office shall certify a person applying for certification as a victim advocate pursuant135
to this article if that person has completed the training program pursuant to this Code136
section. The office shall make available on its website contact information for the137
organizations that have certified victim advocates.138
50-18-153.139
(a) Upon a participant providing a copy of his or her address confidentiality card to a140
governmental entity and requesting that such governmental entity only use his or her141
designated address, the governmental entity shall only use the participant's designated142
address.143 23 LC 44 2369
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(b) If a participant's employer, or a school or institution of higher education attended by144
the participant, is not a governmental entity, the participant may request that the employer,145
school, or institution of higher education use the designated address as the participant's146
address.147
(c) A utility owned by a governmental entity shall not release any confidential address.148
(d) A participant may also use the designated address as the participant's work address.149
(e) The office on each day that it is open for business shall place all first-class, registered,150
or certified mail or statutory overnight delivery received on behalf of a participant into an151
envelope or package and mail such envelope or package to the participant at his or her152
confidential address. The office may contract with the United States Postal Service for153
special rates for any mail forwarded pursuant to this subsection. Service by mail pursuant154
to this subsection of court papers, other than service of process, shall be deemed complete155
three business days after the office forwards the mail to the participant.156
(f) If a person intends to serve process on a participant and makes an inquiry with the157
office to determine if the individual is a participant, the office shall only confirm that the158
individual is a participant and, except as otherwise allowed pursuant to this article, shall159
not disclose further information regarding the participant. If process has been forwarded160
to a participant pursuant to subsection (e) of this Code section, the office shall disclose the161
date of mailing to the person attempting to serve the participant.162
50-18-154.163
(a) The office may, after providing at least 30 days prior written notice to a participant,164
cancel the certification of a participant in any of the following circumstances:165
(1) The participant's legal name or contact information changes, unless the participant166
provides the office with prior written notice of such change;167
(2) Mail forwarded by the office to the participant's confidential address is returned as168
undeliverable by the United States Postal Service for 60 or more days;169 23 LC 44 2369
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(3) The participant is no longer eligible for the program;170
(4) The participant requests to withdraw from the program pursuant to Code171
Section 50-18-151;172
(5) The participant, legal parent, or court appointed guardian files a notarized request for173
cancellation on a form prescribed by the office;174
(6) The participant fails to file a renewal application pursuant to Code175
Section 50-18-151; or176
(7) The participant fails to file a continuance application pursuant to Code177
Section 50-18-151 before the participant reaches 19 years of age.178
(b) The office shall cancel a participant's certification if the participant's renewal179
application or application for continuance contains false information.180
50-18-155.181
(a) If a participant notifies a governmental entity in writing, on a form prescribed by the182
office, that he or she is a participant, such entity shall not knowingly disclose the183
participant's confidential address, unless:184
(1) The confidential address is subject to sharing or dissemination pursuant to court185
order;186
(2) The confidential address is subject to sharing or dissemination in connection with an187
active investigation or inspection of a potential health code, building code, fire code, or188
local ordinance violation allegedly committed by the participant;189
(3) The confidential address is needed to provide public assistance or other government190
services to a participant, or to allocate financial responsibility for such assistance or191
services;192
(4) The confidential address is necessary to perform a governmental entity's health,193
safety, or welfare functions, including the provision of emergency 9-1-1 services, the194
assessment and investigation of child or vulnerable adult abuse or neglect, or the195 23 LC 44 2369
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assessment or inspection of services or locations for compliance with health and safety196
standards;197
(5) The confidential address is necessary to aid an active law enforcement investigation198
of the participant upon verification that the disclosure will aid the law enforcement199
agency in responding to an emergency situation or a criminal complaint or conducting200
an investigation; or201
(6) The person to whom the confidential address is disclosed also resides, is employed202
at, or goes to school at the confidential address.203
(b) A confidential address disclosed pursuant to subsection (a) of this Code section may204
be used only for the purposes authorized in this Code section and may not be further205
disclosed to any other person or governmental entity. Governmental entities receiving or206
sharing a confidential address pursuant to this Code section shall establish procedures to207
protect the confidential address from further disclosure.208
(c) When a participant presents his or her designated address to any person, such209
designated address shall be accepted as the address of the participant. The person shall not210
require the participant to submit any other address either as a substitute address or in211
addition to the designated address, or as a condition of receiving a service or benefit, unless212
the service or benefit would be impossible to provide without knowledge of the213
participant's confidential address.214
50-18-156.215
(a) This Code section shall apply when a participant submits a real property notice in216
writing to the clerk of the superior court in the county where the property identified in the217
real property notice is located. Such real property notice shall be on a form prescribed by218
the office, which shall include at a minimum the:219
(1) Full legal name of the participant, including middle name;220
(2) Designated address of the participant as assigned by the Secretary of State;221 23 LC 44 2369
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(3) Legal description and street address, if any, of the real property affected by the222
notice;223
(4) Address of the office; and224
(5) Signature of the participant.225
(b) Upon a participant submitting a notice to a clerk of the superior court in compliance226
with subsection (a) of this Code section, the clerk of the superior court shall disclose227
neither the participant's identity nor his or her confidential address in conjunction with the228
property identified in the written notice, unless the:229
(1) Participant has consented to sharing or dissemination of his or her confidential230
address for the purpose identified in a writing acknowledged by the participant;231
(2) Confidential address is subject to sharing or dissemination pursuant to court order;232
or233
(3) Office authorizes the sharing or dissemination of the confidential address pursuant234
to Code Section 50-18-155 for the purpose identified in the authorization.235
(c) Only one parcel of real property may be included in each notice, but more than one236
notice may be presented to the clerk of the superior court. The clerk of the superior court237
may require a participant to provide additional information necessary to identify the238
records of the participant or the real property described in the notice. A participant shall239
submit a subsequent real property notice for each parcel of real property if the participant's240
certification is renewed. The real property notice shall not be a public record, shall be241
exempt from disclosure pursuant to Article 4 of Chapter 18 of Title 50 or any similar law,242
and may only be disclosed as authorized pursuant to this article.243
(d) Nothing in this Code section shall prevent a clerk of the superior court from returning244
original documents to individuals who submitted the documents for recording. Nothing245
in this Code section shall prevent the public disclosure of the participant's name and246
designated address in the county index of the title register. Each clerk of the superior court247
shall establish procedures for recording or filing documents so as to comply with this Code248 23 LC 44 2369
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section. Such procedures may include masking of identity or the location of any249
confidential address and making documents or certificates of title containing a confidential250
address private and not viewable except as allowed by this subsection. Such procedures251
shall provide public notice of the existence of recorded documents and certificates of title252
that are not publicly viewable and the provisions for viewing them pursuant to this253
subsection. Notice that a document or certificate of title is private and viewable only254
pursuant to this subsection is deemed constructive notice of the document or certificate of255
title.256
(e) A real property notice is notice only to the clerk of the superior court. A notice that257
does not conform to the requirements of a real property notice pursuant to this Code section258
is not effective as a notice to the clerk of the superior court. Upon receipt of a real property259
notice, the clerk of the superior court shall provide a copy of the notice to the county tax260
receiver, tax collector, or tax commissioner and provide a copy to the office at the address261
specified by the office in the notice.262
(f) This Code section applies only to the records recorded or filed concurrently with the263
real property notice specified in subsection (a) of this Code section and real property264
records affecting the same real property recorded subsequent to the county's receipt of the265
real property notice.266
(g) The prohibition on disclosure in subsection (b) of this Code section continues until the:267
(1) Participant has consented to the termination of the real property notice in a writing268
acknowledged by the participant;269
(2) Participant has consented to sharing or dissemination of his or her identity or270
confidential address for the purpose identified in a writing acknowledged by the271
participant;272
(3) The participant's identity or confidential address is subject to sharing or273
dissemination pursuant to court order;274 23 LC 44 2369
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(4) Office authorizes the sharing or dissemination of the participant's identity or275
confidential address pursuant to Code Section 50-18-155 for the purpose identified in the276
authorization;277
(5) Real property notice is terminated pursuant to a court order;278
(6) Participant no longer holds an interest in the real property identified in the real279
property notice; or280
(7) Office has given written notice to the clerk of the superior court who provided the281
office with a copy of a participant's real property notice that the participant's certification282
has terminated. Notification pursuant to this paragraph shall be given by the office within283
90 days of the termination.284
(h) Upon termination of the prohibition of disclosure, the clerk of the superior court shall285
make publicly viewable all documents and certificates of title relative to the participant that286
were previously private and not viewable.287
50-18-157.288
(a)(1) Upon request by an attorney licensed to practice law in Georgia, the office shall289
share a participant's identity and confidential address in order to facility an attorney's290
examination of a real property record. The request shall include the:291
(A) Name, title, mailing address, and affiliated organization, if applicable, of the292
attorney requesting the confidential address;293
(B) Purpose for requesting the confidential address;294
(C) Attorney's relationship, if any, to the participant; and295
(D) Legal description of the property subject to the title examination and any other296
information required by the office to respond to the request.297
(2) The office shall approve or deny a request pursuant to this subsection within two298
business days and shall immediately notify the participant of its decision.299 23 LC 44 2369
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(b) In responding to a request pursuant to subsection (a) of this Code section, the office300
may affirm in writing that the property subject to the title examination is or is not the301
property subject to a participant's real property notice. Notwithstanding Code Section302
50-18-155 or any other law, an attorney examining title may rely conclusively on the303
information contained in a written affirmation from the office.304
(c) A participant's identity and confidential address disclosed pursuant to this Code section305
may be used only for the purposes authorized in this Code section and may not be further306
disclosed to any other person. A person receiving a participant's confidential address307
pursuant to this Code section shall establish procedures to protect the confidential address308
from further disclosure."309
SECTION 2.310
All laws and parts of laws in conflict with this Act are repealed.311