Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB324 Engrossed / Bill

Filed 02/27/2024

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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 
AS PASSED SENATE
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 training; to provide for related5
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing9
and documents, is amended by adding a new article to read as follows:10
"ARTICLE 8
11
50-18-150.12
As used in this article, the term:13
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(1)  'Confidential address' means a participant's residential address or other address or14
addresses that could be used to physically locate the participant, including a school15
attended by the participant or the participant's place of employment.16
(2)  'Designated address' means the publicly available address provided by a participant17
to the office.18
(3)  'Governmental entity' means:19
(A) Every state department, agency, board, bureau, office, commission, public20
corporation, and authority;21
(B)  Every county, municipal corporation, school district, or other political subdivision22
of this state;23
(C)  Every department, agency, board, bureau, office, commission, authority, or similar24
body of each such county, municipal corporation, or other political subdivision of the25
state; and26
(D)  Every city, county, regional, or other authority established pursuant to the laws of27
this state.28
(4)  'Office' means the office of the Secretary of State.29
(5)  'Participant' means an individual who is currently certified to participate in the30
program pursuant to this article.31
(6)  'Program' means the victim centered address confidentiality program established by32
this article.33
(7)  'Victim advocate' means an employee or volunteer of the office who serves victims34
of domestic violence, dating violence, sexual assault, stalking, or human trafficking and35
who has completed training pursuant to Code Section 50-18-152 to assist individuals in36
completing applications for the program.37
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50-18-151.38
(a)  There is created within the office of the Secretary of State a victim centered address39
confidentiality program.40
(b)  An individual who is changing his or her residence and who is at least 18 years of age41
or an emancipated minor may apply to the program, with or without the assistance of a42
victim advocate, for certification as a participant by the office upon providing an affidavit43
affirming that the disclosure of his or her actual address or addresses will increase the risk44
that he or she will be threatened or physically harmed by another person or that he or she45
has been a victim of domestic violence, dating violence, sexual assault, stalking, or human46
trafficking.47
(c)  In order to be certified as a participant in the program, an individual shall submit to the48
office an application containing:49
(1)  The full legal name and date of birth of the individual;50
(2)  A knowing and voluntary designation of the office as the individual's agent for the51
purposes of receiving mail and service of process;52
(3)  The mailing address, telephone number, and email address, if applicable, at which53
the office may contact the individual;54
(4)  An acknowledgment that the individual is requesting that his or her confidential55
address not be disclosed;56
(5)  The signature of the individual, the name of the victim advocate who assisted the57
individual, if applicable, and the date the application was signed;58
(6) At the discretion of the office and for evaluation purposes, an option for the59
individual to select the type of offense the individual believes warrants the need for60
participation in the program.  The office may not consider information provided or61
withheld pursuant to this paragraph as certifying the participant; and62
(7)  A letter from a victim advocate or a provider, as that term is defined in Code63
Section 37-11-3, indicating that they have received services related to their victimization.64
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(d)  Upon receipt of an application in compliance with subsection (c) of this Code section,65
the office shall:66
(1)  Certify the individual as a participant;67
(2)  Issue the participant an address confidentiality card containing the name of and a68
unique identification number for the participant and the designated address of the69
participant;70
(3)  Classify each eligible address listed in the application as a confidential address;71
(4) Provide the participant with information concerning the manner in which the72
participant may use the office as the agent of the participant for the purposes of receiving73
mail and service of process; and74
(5)  Provide the participant with information regarding methods to protect a confidential75
address, including, but not limited to, information regarding the risks of disclosing the76
confidential address to other persons and the risks of using social media and other similar77
technologies, including geotagging photographs, and other information that the office78
determines would help the participant protect his or her confidential address. A79
participant shall update information provided in an application within 30 days after a80
change to that information has occurred by submitting a notice of change to the office on81
a form prescribed by the office.82
(e)  A participant's certification shall be valid for four years.  A participant who continues83
to be eligible for the program pursuant to this article may renew the certification of the84
participant.  The renewal application shall be received by the office within 60 days prior85
to the end of the four-year certification period.  The renewal application shall be on a form86
prescribed by the office and shall meet the requirements of this article.  A renewal of87
certification of a participant shall not alter the unique identification number issued pursuant88
to subsection (d) of this Code section.89
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(f)  The certification continuance application shall be on a form prescribed by the office,90
shall meet the requirements of this article, and shall inform the participant of his or her91
right to choose to continue or discontinue in the program.92
(g)  An application submitted pursuant to this article and the information of a participant93
shall be confidential, shall not be a public record, shall be exempt from disclosure pursuant94
to Article 4 of Chapter 18 of Title 50 or any similar law, and may only be disclosed as95
authorized pursuant to this article.96
(h)  An offender who is required to register pursuant to Code Section 42-1-12 shall not be97
eligible to submit an application and shall not be certified as a participant.98
(i)  A confidential address shall not be a public record and shall be exempt from disclosure99
pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, except as otherwise100
provided in this article.101
(j)  A participant may withdraw from the program at any time by providing written notice102
of such withdrawal to the office.103
(k)  No individual shall apply for certification as a participant with the intent of avoiding104
prosecution or a lawful court order.105
(l)  The office shall promulgate rules and regulations as necessary to implement the106
provisions of this article.107
50-18-152.108
(a)  The office shall develop and offer a training program for victim advocates to obtain109
certification pursuant to this article.  The training program shall, at a minimum, include:110
(1)  Exhaustive information regarding the program;111
(2)  Methods for assisting applicants with completing application forms;112
(3)  Criteria for determining program eligibility;113
(4) Information to be provided to participants pursuant to subsection (d) of Code114
Section 50-18-151; and115
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(5)  Instruction on how to submit completed applications and supporting documents to116
the office.117
(b)  The office shall certify a person applying for certification as a victim advocate pursuant118
to this article if that person has completed the training program pursuant to this Code119
section. The office shall make available on its website contact information for the120
organizations that have certified victim advocates.121
(c)  There shall be no fee or charge to any participant for any services provided by a victim122
advocate pursuant to this article.123
50-18-153.124
(a)  Upon a participant providing a copy of his or her address confidentiality card to a125
governmental entity and requesting that such governmental entity only use his or her126
designated address, the governmental entity shall only use the participant's designated127
address.128
(b)  If a participant's employer, or a school or institution of higher education attended by129
the participant, is not a governmental entity, the participant may request that the employer,130
school, or institution of higher education use the designated address as the participant's131
address.132
(c)  A utility owned by a governmental entity shall not release any confidential address.133
(d)  A participant may also use the designated address as the participant's work address.134
(e)  The office on each day that it is open for business shall place all first-class, registered,135
or certified mail or statutory overnight delivery received on behalf of a participant into an136
envelope or package and mail such envelope or package to the participant at his or her137
confidential address.  The office may contract with the United States Postal Service for138
special rates for any mail forwarded pursuant to this subsection.  Service by mail pursuant139
to this subsection of court papers, other than service of process, shall be deemed complete140
three business days after the office forwards the mail to the participant.141
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(f)  If a person intends to serve process on a participant and makes an inquiry with the142
office to determine if the individual is a participant, the office shall only confirm that the143
individual is a participant and, except as otherwise allowed pursuant to this article, shall144
not disclose further information regarding the participant.  If process has been forwarded145
to a participant pursuant to subsection (e) of this Code section, the office shall disclose the146
date of mailing to the person attempting to serve the participant.147
50-18-154.148
(a)  The office may, after providing at least 30 days prior written notice to a participant,149
cancel the certification of a participant in any of the following circumstances:150
(1)  The participant's legal name or contact information changes, unless the participant151
provides the office with prior written notice of such change;152
(2)  Mail forwarded by the office to the participant's confidential address is returned as153
undeliverable by the United States Postal Service for 60 or more days;154
(3)  The participant is no longer eligible for the program;155
(4) The participant requests to withdraw from the program pursuant to Code156
Section 50-18-151;157
(5)  The participant files a notarized request for cancellation on a form prescribed by the158
office; or159
(6) The participant fails to file a renewal application pursuant to Code160
Section 50-18-151.161
(b) The office shall cancel a participant's certification if the participant's renewal162
application or application for continuance contains false information.163
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50-18-155.164
(a)  If a participant notifies a governmental entity in writing, on a form prescribed by the165
office, that he or she is a participant, such entity shall not knowingly disclose the166
participant's confidential address, unless:167
(1)  The confidential address is subject to sharing or dissemination pursuant to court168
order;169
(2)  The confidential address is subject to sharing or dissemination in connection with an170
active investigation or inspection of a potential health code, building code, fire code, or171
local ordinance violation allegedly committed by the participant;172
(3)  The confidential address is needed to provide public assistance or other government173
services to a participant, or to allocate financial responsibility for such assistance or174
services;175
(4)  The confidential address is necessary to perform a governmental entity's health,176
safety, or welfare functions, including the provision of emergency 9-1-1 services, the177
assessment and investigation of child or vulnerable adult abuse or neglect, or the178
assessment or inspection of services or locations for compliance with health and safety179
standards;180
(5)  The confidential address is necessary to aid an active law enforcement investigation181
of the participant upon verification that the disclosure will aid the law enforcement182
agency in responding to an emergency situation or a criminal complaint or conducting183
an investigation; or184
(6)  The person to whom the confidential address is disclosed also resides, is employed185
at, or goes to school at the confidential address.186
(b)  Except as may be otherwise provided by law, a confidential address disclosed pursuant187
to subsection (a) of this Code section may be used only for the purposes authorized in this188
Code section and may not be further disclosed to any other person or governmental entity. 189
Governmental entities receiving or sharing a confidential address pursuant to this Code190
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section shall establish procedures to protect the confidential address from further191
disclosure.192
(c) When a participant presents his or her designated address to any person, such193
designated address shall be accepted as the address of the participant.  The person shall not194
require the participant to submit any other address either as a substitute address or in195
addition to the designated address, or as a condition of receiving a service or benefit, unless196
the service or benefit would be impossible to provide without knowledge of the197
participant's confidential address."198
SECTION 2.199
This Act shall become effective on July 1, 2026.200
SECTION 3.201
All laws and parts of laws in conflict with this Act are repealed.202
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