24 LC 44 2732S (SCS) 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 S. B. 324 - 1 - 24 LC 44 2732S (SCS) (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 S. B. 324 - 2 - 24 LC 44 2732S (SCS) 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 S. B. 324 - 3 - 24 LC 44 2732S (SCS) (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 S. B. 324 - 4 - 24 LC 44 2732S (SCS) (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 S. B. 324 - 5 - 24 LC 44 2732S (SCS) (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 S. B. 324 - 6 - 24 LC 44 2732S (SCS) (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 S. B. 324 - 7 - 24 LC 44 2732S (SCS) 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 S. B. 324 - 8 - 24 LC 44 2732S (SCS) 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 S. B. 324 - 9 -