LC 48 1311S
The House Committee on Rules offers the following substitute to SB 324:
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,1
relating to stalking, so as to provide for counter petition limitations for the respondent in2
protective order proceedings; to provide for dating violence protective orders; to provide for3
definitions; to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated,4
relating to state printing and documents, so as to provide for a victim centered address5
confidentiality program; to provide for application to such program; to provide for6
designation of confidential addresses; to provide for certification of program participants; to7
provide for renewal and cancellation of certifications; to provide for training; to provide for8
related matters; to provide for effective dates; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to13
stalking, is amended by revising subsection (d) of Code Section 16-5-94, relating to14
restraining orders and protective orders, as follows:15
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"(d) The court may grant a protective order on a temporary or permanent basis or approve16
a consent agreement to bring about a cessation of conduct constituting stalking. The court17
shall not have the authority to issue or approve mutual protective orders unless the18
respondent has filed a verified petition as a counter petition pursuant to subsection (c) of19
this Code section no later than three days, not including Saturdays, Sundays, and legal20
holidays, prior to the hearing. Orders or agreements may:21
(1) Direct a party to refrain from such conduct;22
(2) Order a party to refrain from harassing or interfering with the other;23
(3) Award costs and attorney's fees to either party; and24
(4) Order either or all parties to receive appropriate psychiatric or psychological services25
as a further measure to prevent the recurrence of stalking."26
SECTION 2.27
Said article is further amended by revising Code Section 16-5-95, relating to offense of28
violating family violence order and penalty, is amended by revising subsections (a) and (b)29
as follows:30
"(a) As used in this Code section, the term:31
(1) 'Civil family violence order' means any temporary protective order or permanent32
protective order issued pursuant to Article 1 of Chapter 13 of Title 19 or Chapter 13A of33
Title 19.34
(2) 'Criminal family violence order' means:35
(A) Any order of pretrial release issued as a result of an arrest for an act of family36
violence; or37
(B) Any order for probation issued as a result of a conviction or plea of guilty, nolo38
contendere, or first offender to an act of family violence.39
(3) 'Dating violence' means the occurrence of one or more of the following acts between40
persons through whom a current pregnancy has developed or who are currently, or within41
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the last 12 months were, in a dating relationship as defined in paragraph (1) of Code42
Section 19-13A-1:43
(A) Any felony; or44
(B) Commission of the offenses of simple battery, battery, simple assault, or stalking. 45
(4) 'Dating violence order' means any temporary protective order or permanent protective46
order issued pursuant to Chapter 13A of Title 19.47
(5) 'Family violence' shall have the same meaning as set forth in Code Section 19-13-148
means the occurrence of one or more of the following acts between past or present49
spouses, persons who are parents of the same child, parents and children, stepparents and50
stepchildren, foster parents and foster children, or other persons living or formerly living51
in the same household:52
(A) Any felony; or53
(B) Commission of offenses of battery, simple battery, simple assault, assault, stalking,54
criminal damage to property, unlawful restraint, or criminal trespass.55
The term 'family violence' shall not be deemed to include reasonable discipline56
administered by a parent to a child in the form of corporal punishment, restraint, or57
detention.58
(b) A person commits the offense of violating a civil family violence order or dating59
violence order or criminal family violence order when such person knowingly and in a60
nonviolent manner violates the terms of such order issued against that person, which:61
(1) Excludes, evicts, or excludes and evicts the person from a residence or household;62
(2) Directs the person to stay away from a residence, workplace, or school;63
(3) Restrains the person from approaching within a specified distance of another person;64
or65
(4) Restricts the person from having any contact, direct or indirect, by telephone, pager,66
facsimile, e-mail email, or any other means of communication with another person,67
except as specified in such order."68
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SECTION 3.69
Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing70
and documents, is amended by adding a new article to read as follows:71
"ARTICLE 872
50-18-150.73
As used in this article, the term:74
(1) 'Confidential address' means a participant's residential address or other address or75
addresses that could be used to physically locate the participant, including a school76
attended by the participant or the participant's place of employment.77
(2) 'Designated address' means the publicly available address provided by a participant78
to the office.79
(3) 'Governmental entity' means:80
(A) Every state department, agency, board, bureau, office, commission, public81
corporation, and authority;82
(B) Every county, municipal corporation, school district, or other political subdivision83
of this state;84
(C) Every department, agency, board, bureau, office, commission, authority, or similar85
body of each such county, municipal corporation, or other political subdivision of the86
state; and87
(D) Every city, county, regional, or other authority established pursuant to the laws of88
this state.89
(4) 'Office' means the office of the Secretary of State.90
(5) 'Participant' means an individual who is currently certified to participate in the91
program pursuant to this article.92
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(6) 'Program' means the victim centered address confidentiality program established by93
this article.94
(7) 'Victim advocate' means an employee or volunteer of the office who serves victims95
of domestic violence, dating violence, sexual assault, stalking, or human trafficking and96
who has completed training pursuant to Code Section 50-18-152 to assist individuals in97
completing applications for the program.98
50-18-151.99
(a) There is created within the office of the Secretary of State a victim centered address100
confidentiality program.101
(b) An individual who is changing his or her residence and who is at least 18 years of age102
or an emancipated minor may apply to the program, with or without the assistance of a103
victim advocate, for certification as a participant by the office upon providing an affidavit104
affirming that the disclosure of his or her actual address or addresses will increase the risk105
that he or she will be threatened or physically harmed by another person or that he or she106
has been a victim of domestic violence, dating violence, sexual assault, stalking, or human107
trafficking.108
(c) In order to be certified as a participant in the program, an individual shall submit to the109
office an application containing:110
(1) The full legal name and date of birth of the individual;111
(2) A knowing and voluntary designation of the office as the individual's agent for the112
purposes of receiving mail and service of process;113
(3) The mailing address, telephone number, and email address, if applicable, at which114
the office may contact the individual;115
(4) An acknowledgment that the individual is requesting that his or her confidential116
address not be disclosed;117
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(5) The signature of the individual, the name of the victim advocate who assisted the118
individual, if applicable, and the date the application was signed;119
(6) At the discretion of the office and for evaluation purposes, an option for the120
individual to select the type of offense the individual believes warrants the need for121
participation in the program. The office may not consider information provided or122
withheld pursuant to this paragraph as certifying the participant; and123
(7) A letter from a victim advocate or a provider, as that term is defined in Code124
Section 37-11-3, indicating that they have received services related to their victimization.125
(d) Upon receipt of an application in compliance with subsection (c) of this Code section,126
the office shall:127
(1) Certify the individual as a participant;128
(2) Issue the participant an address confidentiality card containing the name of and a129
unique identification number for the participant and the designated address of the130
participant;131
(3) Classify each eligible address listed in the application as a confidential address;132
(4) Provide the participant with information concerning the manner in which the133
participant may use the office as the agent of the participant for the purposes of receiving134
mail and service of process; and135
(5) Provide the participant with information regarding methods to protect a confidential136
address, including, but not limited to, information regarding the risks of disclosing the137
confidential address to other persons and the risks of using social media and other similar138
technologies, including geotagging photographs, and other information that the office139
determines would help the participant protect his or her confidential address. A140
participant shall update information provided in an application within 30 days after a141
change to that information has occurred by submitting a notice of change to the office on142
a form prescribed by the office.143
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(e) A participant's certification shall be valid for four years. A participant who continues144
to be eligible for the program pursuant to this article may renew the certification of the145
participant. The renewal application shall be received by the office within 60 days prior146
to the end of the four-year certification period. The renewal application shall be on a form147
prescribed by the office and shall meet the requirements of this article. A renewal of148
certification of a participant shall not alter the unique identification number issued pursuant149
to subsection (d) of this Code section.150
(f) The certification continuance application shall be on a form prescribed by the office,151
shall meet the requirements of this article, and shall inform the participant of his or her152
right to choose to continue or discontinue in the program.153
(g) An application submitted pursuant to this article and the information of a participant154
shall be confidential, shall not be a public record, shall be exempt from disclosure pursuant155
to Article 4 of Chapter 18 of Title 50 or any similar law, and may only be disclosed as156
authorized pursuant to this article.157
(h) An offender who is required to register pursuant to Code Section 42-1-12 shall not be158
eligible to submit an application and shall not be certified as a participant.159
(i) A confidential address shall not be a public record and shall be exempt from disclosure160
pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, except as otherwise161
provided in this article.162
(j) A participant may withdraw from the program at any time by providing written notice163
of such withdrawal to the office.164
(k) No individual shall apply for certification as a participant with the intent of avoiding165
prosecution or a lawful court order.166
(l) The office shall promulgate rules and regulations as necessary to implement the167
provisions of this article.168
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50-18-152.169
(a) The office shall develop and offer a training program for victim advocates to obtain170
certification pursuant to this article. The training program shall, at a minimum, include:171
(1) Exhaustive information regarding the program;172
(2) Methods for assisting applicants with completing application forms;173
(3) Criteria for determining program eligibility;174
(4) Information to be provided to participants pursuant to subsection (d) of Code175
Section 50-18-151; and176
(5) Instruction on how to submit completed applications and supporting documents to177
the office.178
(b) The office shall certify a person applying for certification as a victim advocate pursuant179
to this article if that person has completed the training program pursuant to this Code180
section. The office shall make available on its website contact information for the181
organizations that have certified victim advocates.182
(c) There shall be no fee or charge to any participant for any services provided by a victim183
advocate pursuant to this article.184
50-18-153.185
(a) Upon a participant providing a copy of his or her address confidentiality card to a186
governmental entity and requesting that such governmental entity only use his or her187
designated address, the governmental entity shall only use the participant's designated188
address.189
(b) If a participant's employer, or a school or institution of higher education attended by190
the participant, is not a governmental entity, the participant may request that the employer,191
school, or institution of higher education use the designated address as the participant's192
address.193
(c) A utility owned by a governmental entity shall not release any confidential address.194
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(d) A participant may also use the designated address as the participant's work address.195
(e) The office on each day that it is open for business shall place all first-class, registered,196
or certified mail or statutory overnight delivery received on behalf of a participant into an197
envelope or package and mail such envelope or package to the participant at his or her198
confidential address. The office may contract with the United States Postal Service for199
special rates for any mail forwarded pursuant to this subsection. Service by mail pursuant200
to this subsection of court papers, other than service of process, shall be deemed complete201
three business days after the office forwards the mail to the participant.202
(f) If a person intends to serve process on a participant and makes an inquiry with the203
office to determine if the individual is a participant, the office shall only confirm that the204
individual is a participant and, except as otherwise allowed pursuant to this article, shall205
not disclose further information regarding the participant. If process has been forwarded206
to a participant pursuant to subsection (e) of this Code section, the office shall disclose the207
date of mailing to the person attempting to serve the participant.208
50-18-154.209
(a) The office may, after providing at least 30 days prior written notice to a participant,210
cancel the certification of a participant in any of the following circumstances:211
(1) The participant's legal name or contact information changes, unless the participant212
provides the office with prior written notice of such change;213
(2) Mail forwarded by the office to the participant's confidential address is returned as214
undeliverable by the United States Postal Service for 60 or more days;215
(3) The participant is no longer eligible for the program;216
(4) The participant requests to withdraw from the program pursuant to Code217
Section 50-18-151;218
(5) The participant files a notarized request for cancellation on a form prescribed by the219
office; or220
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(6) The participant fails to file a renewal application pursuant to Code221
Section 50-18-151.222
(b) The office shall cancel a participant's certification if the participant's renewal223
application or application for continuance contains false information.224
50-18-155.225
(a) If a participant notifies a governmental entity in writing, on a form prescribed by the226
office, that he or she is a participant, such entity shall not knowingly disclose the227
participant's confidential address, unless:228
(1) The confidential address is subject to sharing or dissemination pursuant to court229
order;230
(2) The confidential address is subject to sharing or dissemination in connection with an231
active investigation or inspection of a potential health code, building code, fire code, or232
local ordinance violation allegedly committed by the participant;233
(3) The confidential address is needed to provide public assistance or other government234
services to a participant, or to allocate financial responsibility for such assistance or235
services;236
(4) The confidential address is necessary to perform a governmental entity's health,237
safety, or welfare functions, including the provision of emergency 9-1-1 services, the238
assessment and investigation of child or vulnerable adult abuse or neglect, or the239
assessment or inspection of services or locations for compliance with health and safety240
standards;241
(5) The confidential address is necessary to aid an active law enforcement investigation242
of the participant upon verification that the disclosure will aid the law enforcement243
agency in responding to an emergency situation or a criminal complaint or conducting244
an investigation; or245
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(6) The person to whom the confidential address is disclosed also resides, is employed246
at, or goes to school at the confidential address.247
(b) Except as may be otherwise provided by law, a confidential address disclosed pursuant248
to subsection (a) of this Code section may be used only for the purposes authorized in this249
Code section and may not be further disclosed to any other person or governmental entity. 250
Governmental entities receiving or sharing a confidential address pursuant to this Code251
section shall establish procedures to protect the confidential address from further252
disclosure.253
(c) When a participant presents his or her designated address to any person, such254
designated address shall be accepted as the address of the participant. The person shall not255
require the participant to submit any other address either as a substitute address or in256
addition to the designated address, or as a condition of receiving a service or benefit, unless257
the service or benefit would be impossible to provide without knowledge of the258
participant's confidential address."259
SECTION 4.260
(a) Sections 1 and 2 of this Act shall become effective July 1, 2024. 261
(b) Section 3 of this Act shall become effective July 1, 2026, subject to appropriations of the262
General Assembly.263
SECTION 5.264
All laws and parts of laws in conflict with this Act are repealed. 265
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