| 10 | 6 | | relating to stalking, so as to provide for counter petition limitations for the respondent in2 |
|---|
| 11 | 7 | | protective order proceedings; to provide for dating violence protective orders; to provide for3 |
|---|
| 12 | 8 | | definitions; to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated,4 |
|---|
| 13 | 9 | | relating to state printing and documents, so as to provide for a victim centered address5 |
|---|
| 14 | 10 | | confidentiality program; to provide for application to such program; to provide for6 |
|---|
| 15 | 11 | | designation of confidential addresses; to provide for certification of program participants; to7 |
|---|
| 16 | 12 | | provide for renewal and cancellation of certifications; to provide for training; to provide for8 |
|---|
| 17 | 13 | | related matters; to provide for effective dates; to repeal conflicting laws; and for other9 |
|---|
| 18 | 14 | | purposes.10 |
|---|
| 19 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 20 | 16 | | SECTION 1.12 |
|---|
| 21 | 17 | | Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to13 |
|---|
| 22 | 18 | | stalking, is amended by revising subsection (d) of Code Section 16-5-94, relating to14 |
|---|
| 23 | 19 | | restraining orders and protective orders, as follows:15 |
|---|
| 30 | 23 | | shall not have the authority to issue or approve mutual protective orders unless the18 |
|---|
| 31 | 24 | | respondent has filed a verified petition as a counter petition pursuant to subsection (c) of19 |
|---|
| 32 | 25 | | this Code section no later than three days, not including Saturdays, Sundays, and legal20 |
|---|
| 33 | 26 | | holidays, prior to the hearing. Orders or agreements may:21 |
|---|
| 34 | 27 | | (1) Direct a party to refrain from such conduct;22 |
|---|
| 35 | 28 | | (2) Order a party to refrain from harassing or interfering with the other;23 |
|---|
| 36 | 29 | | (3) Award costs and attorney's fees to either party; and24 |
|---|
| 37 | 30 | | (4) Order either or all parties to receive appropriate psychiatric or psychological services25 |
|---|
| 38 | 31 | | as a further measure to prevent the recurrence of stalking."26 |
|---|
| 39 | 32 | | SECTION 2.27 |
|---|
| 40 | 33 | | Said article is further amended by revising Code Section 16-5-95, relating to offense of28 |
|---|
| 41 | 34 | | violating family violence order and penalty, is amended by revising subsections (a) and (b)29 |
|---|
| 42 | 35 | | as follows:30 |
|---|
| 43 | 36 | | "(a) As used in this Code section, the term:31 |
|---|
| 44 | 37 | | (1) 'Civil family violence order' means any temporary protective order or permanent32 |
|---|
| 45 | 38 | | protective order issued pursuant to Article 1 of Chapter 13 of Title 19 or Chapter 13A of33 |
|---|
| 46 | 39 | | Title 19.34 |
|---|
| 47 | 40 | | (2) 'Criminal family violence order' means:35 |
|---|
| 48 | 41 | | (A) Any order of pretrial release issued as a result of an arrest for an act of family36 |
|---|
| 49 | 42 | | violence; or37 |
|---|
| 50 | 43 | | (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo38 |
|---|
| 51 | 44 | | contendere, or first offender to an act of family violence.39 |
|---|
| 52 | 45 | | (3) 'Dating violence' means the occurrence of one or more of the following acts between40 |
|---|
| 53 | 46 | | persons through whom a current pregnancy has developed or who are currently, or within41 |
|---|
| 56 | 48 | | the last 12 months were, in a dating relationship as defined in paragraph (1) of Code42 |
|---|
| 57 | 49 | | Section 19-13A-1:43 |
|---|
| 58 | 50 | | (A) Any felony; or44 |
|---|
| 59 | 51 | | (B) Commission of the offenses of simple battery, battery, simple assault, or stalking. 45 |
|---|
| 60 | 52 | | (4) 'Dating violence order' means any temporary protective order or permanent protective46 |
|---|
| 61 | 53 | | order issued pursuant to Chapter 13A of Title 19.47 |
|---|
| 62 | 54 | | (5) 'Family violence' shall have the same meaning as set forth in Code Section 19-13-148 |
|---|
| 63 | 55 | | means the occurrence of one or more of the following acts between past or present49 |
|---|
| 64 | 56 | | spouses, persons who are parents of the same child, parents and children, stepparents and50 |
|---|
| 65 | 57 | | stepchildren, foster parents and foster children, or other persons living or formerly living51 |
|---|
| 66 | 58 | | in the same household:52 |
|---|
| 67 | 59 | | (A) Any felony; or53 |
|---|
| 68 | 60 | | (B) Commission of offenses of battery, simple battery, simple assault, assault, stalking,54 |
|---|
| 69 | 61 | | criminal damage to property, unlawful restraint, or criminal trespass.55 |
|---|
| 70 | 62 | | The term 'family violence' shall not be deemed to include reasonable discipline56 |
|---|
| 71 | 63 | | administered by a parent to a child in the form of corporal punishment, restraint, or57 |
|---|
| 72 | 64 | | detention.58 |
|---|
| 73 | 65 | | (b) A person commits the offense of violating a civil family violence order or dating59 |
|---|
| 74 | 66 | | violence order or criminal family violence order when such person knowingly and in a60 |
|---|
| 75 | 67 | | nonviolent manner violates the terms of such order issued against that person, which:61 |
|---|
| 76 | 68 | | (1) Excludes, evicts, or excludes and evicts the person from a residence or household;62 |
|---|
| 77 | 69 | | (2) Directs the person to stay away from a residence, workplace, or school;63 |
|---|
| 78 | 70 | | (3) Restrains the person from approaching within a specified distance of another person;64 |
|---|
| 79 | 71 | | or65 |
|---|
| 80 | 72 | | (4) Restricts the person from having any contact, direct or indirect, by telephone, pager,66 |
|---|
| 81 | 73 | | facsimile, e-mail email, or any other means of communication with another person,67 |
|---|
| 82 | 74 | | except as specified in such order."68 |
|---|
| 91 | 80 | | 50-18-150.73 |
|---|
| 92 | 81 | | As used in this article, the term:74 |
|---|
| 93 | 82 | | (1) 'Confidential address' means a participant's residential address or other address or75 |
|---|
| 94 | 83 | | addresses that could be used to physically locate the participant, including a school76 |
|---|
| 95 | 84 | | attended by the participant or the participant's place of employment.77 |
|---|
| 96 | 85 | | (2) 'Designated address' means the publicly available address provided by a participant78 |
|---|
| 97 | 86 | | to the office.79 |
|---|
| 98 | 87 | | (3) 'Governmental entity' means:80 |
|---|
| 99 | 88 | | (A) Every state department, agency, board, bureau, office, commission, public81 |
|---|
| 100 | 89 | | corporation, and authority;82 |
|---|
| 101 | 90 | | (B) Every county, municipal corporation, school district, or other political subdivision83 |
|---|
| 102 | 91 | | of this state;84 |
|---|
| 103 | 92 | | (C) Every department, agency, board, bureau, office, commission, authority, or similar85 |
|---|
| 104 | 93 | | body of each such county, municipal corporation, or other political subdivision of the86 |
|---|
| 105 | 94 | | state; and87 |
|---|
| 106 | 95 | | (D) Every city, county, regional, or other authority established pursuant to the laws of88 |
|---|
| 107 | 96 | | this state.89 |
|---|
| 108 | 97 | | (4) 'Office' means the office of the Secretary of State.90 |
|---|
| 109 | 98 | | (5) 'Participant' means an individual who is currently certified to participate in the91 |
|---|
| 110 | 99 | | program pursuant to this article.92 |
|---|
| 113 | 101 | | (6) 'Program' means the victim centered address confidentiality program established by93 |
|---|
| 114 | 102 | | this article.94 |
|---|
| 115 | 103 | | (7) 'Victim advocate' means an employee or volunteer of the office who serves victims95 |
|---|
| 116 | 104 | | of domestic violence, dating violence, sexual assault, stalking, or human trafficking and96 |
|---|
| 117 | 105 | | who has completed training pursuant to Code Section 50-18-152 to assist individuals in97 |
|---|
| 118 | 106 | | completing applications for the program.98 |
|---|
| 119 | 107 | | 50-18-151.99 |
|---|
| 120 | 108 | | (a) There is created within the office of the Secretary of State a victim centered address100 |
|---|
| 121 | 109 | | confidentiality program.101 |
|---|
| 122 | 110 | | (b) An individual who is changing his or her residence and who is at least 18 years of age102 |
|---|
| 123 | 111 | | or an emancipated minor may apply to the program, with or without the assistance of a103 |
|---|
| 124 | 112 | | victim advocate, for certification as a participant by the office upon providing an affidavit104 |
|---|
| 125 | 113 | | affirming that the disclosure of his or her actual address or addresses will increase the risk105 |
|---|
| 126 | 114 | | that he or she will be threatened or physically harmed by another person or that he or she106 |
|---|
| 127 | 115 | | has been a victim of domestic violence, dating violence, sexual assault, stalking, or human107 |
|---|
| 128 | 116 | | trafficking.108 |
|---|
| 129 | 117 | | (c) In order to be certified as a participant in the program, an individual shall submit to the109 |
|---|
| 130 | 118 | | office an application containing:110 |
|---|
| 131 | 119 | | (1) The full legal name and date of birth of the individual;111 |
|---|
| 132 | 120 | | (2) A knowing and voluntary designation of the office as the individual's agent for the112 |
|---|
| 133 | 121 | | purposes of receiving mail and service of process;113 |
|---|
| 134 | 122 | | (3) The mailing address, telephone number, and email address, if applicable, at which114 |
|---|
| 135 | 123 | | the office may contact the individual;115 |
|---|
| 136 | 124 | | (4) An acknowledgment that the individual is requesting that his or her confidential116 |
|---|
| 137 | 125 | | address not be disclosed;117 |
|---|
| 140 | 127 | | (5) The signature of the individual, the name of the victim advocate who assisted the118 |
|---|
| 141 | 128 | | individual, if applicable, and the date the application was signed;119 |
|---|
| 142 | 129 | | (6) At the discretion of the office and for evaluation purposes, an option for the120 |
|---|
| 143 | 130 | | individual to select the type of offense the individual believes warrants the need for121 |
|---|
| 144 | 131 | | participation in the program. The office may not consider information provided or122 |
|---|
| 145 | 132 | | withheld pursuant to this paragraph as certifying the participant; and123 |
|---|
| 146 | 133 | | (7) A letter from a victim advocate or a provider, as that term is defined in Code124 |
|---|
| 147 | 134 | | Section 37-11-3, indicating that they have received services related to their victimization.125 |
|---|
| 148 | 135 | | (d) Upon receipt of an application in compliance with subsection (c) of this Code section,126 |
|---|
| 149 | 136 | | the office shall:127 |
|---|
| 150 | 137 | | (1) Certify the individual as a participant;128 |
|---|
| 151 | 138 | | (2) Issue the participant an address confidentiality card containing the name of and a129 |
|---|
| 152 | 139 | | unique identification number for the participant and the designated address of the130 |
|---|
| 153 | 140 | | participant;131 |
|---|
| 154 | 141 | | (3) Classify each eligible address listed in the application as a confidential address;132 |
|---|
| 155 | 142 | | (4) Provide the participant with information concerning the manner in which the133 |
|---|
| 156 | 143 | | participant may use the office as the agent of the participant for the purposes of receiving134 |
|---|
| 157 | 144 | | mail and service of process; and135 |
|---|
| 158 | 145 | | (5) Provide the participant with information regarding methods to protect a confidential136 |
|---|
| 159 | 146 | | address, including, but not limited to, information regarding the risks of disclosing the137 |
|---|
| 160 | 147 | | confidential address to other persons and the risks of using social media and other similar138 |
|---|
| 161 | 148 | | technologies, including geotagging photographs, and other information that the office139 |
|---|
| 162 | 149 | | determines would help the participant protect his or her confidential address. A140 |
|---|
| 163 | 150 | | participant shall update information provided in an application within 30 days after a141 |
|---|
| 164 | 151 | | change to that information has occurred by submitting a notice of change to the office on142 |
|---|
| 165 | 152 | | a form prescribed by the office.143 |
|---|
| 168 | 154 | | (e) A participant's certification shall be valid for four years. A participant who continues144 |
|---|
| 169 | 155 | | to be eligible for the program pursuant to this article may renew the certification of the145 |
|---|
| 170 | 156 | | participant. The renewal application shall be received by the office within 60 days prior146 |
|---|
| 171 | 157 | | to the end of the four-year certification period. The renewal application shall be on a form147 |
|---|
| 172 | 158 | | prescribed by the office and shall meet the requirements of this article. A renewal of148 |
|---|
| 173 | 159 | | certification of a participant shall not alter the unique identification number issued pursuant149 |
|---|
| 174 | 160 | | to subsection (d) of this Code section.150 |
|---|
| 175 | 161 | | (f) The certification continuance application shall be on a form prescribed by the office,151 |
|---|
| 176 | 162 | | shall meet the requirements of this article, and shall inform the participant of his or her152 |
|---|
| 177 | 163 | | right to choose to continue or discontinue in the program.153 |
|---|
| 178 | 164 | | (g) An application submitted pursuant to this article and the information of a participant154 |
|---|
| 179 | 165 | | shall be confidential, shall not be a public record, shall be exempt from disclosure pursuant155 |
|---|
| 180 | 166 | | to Article 4 of Chapter 18 of Title 50 or any similar law, and may only be disclosed as156 |
|---|
| 181 | 167 | | authorized pursuant to this article.157 |
|---|
| 182 | 168 | | (h) An offender who is required to register pursuant to Code Section 42-1-12 shall not be158 |
|---|
| 183 | 169 | | eligible to submit an application and shall not be certified as a participant.159 |
|---|
| 184 | 170 | | (i) A confidential address shall not be a public record and shall be exempt from disclosure160 |
|---|
| 185 | 171 | | pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, except as otherwise161 |
|---|
| 186 | 172 | | provided in this article.162 |
|---|
| 187 | 173 | | (j) A participant may withdraw from the program at any time by providing written notice163 |
|---|
| 188 | 174 | | of such withdrawal to the office.164 |
|---|
| 189 | 175 | | (k) No individual shall apply for certification as a participant with the intent of avoiding165 |
|---|
| 190 | 176 | | prosecution or a lawful court order.166 |
|---|
| 191 | 177 | | (l) The office shall promulgate rules and regulations as necessary to implement the167 |
|---|
| 192 | 178 | | provisions of this article.168 |
|---|
| 195 | 180 | | 50-18-152.169 |
|---|
| 196 | 181 | | (a) The office shall develop and offer a training program for victim advocates to obtain170 |
|---|
| 197 | 182 | | certification pursuant to this article. The training program shall, at a minimum, include:171 |
|---|
| 198 | 183 | | (1) Exhaustive information regarding the program;172 |
|---|
| 199 | 184 | | (2) Methods for assisting applicants with completing application forms;173 |
|---|
| 200 | 185 | | (3) Criteria for determining program eligibility;174 |
|---|
| 201 | 186 | | (4) Information to be provided to participants pursuant to subsection (d) of Code175 |
|---|
| 202 | 187 | | Section 50-18-151; and176 |
|---|
| 203 | 188 | | (5) Instruction on how to submit completed applications and supporting documents to177 |
|---|
| 204 | 189 | | the office.178 |
|---|
| 205 | 190 | | (b) The office shall certify a person applying for certification as a victim advocate pursuant179 |
|---|
| 206 | 191 | | to this article if that person has completed the training program pursuant to this Code180 |
|---|
| 207 | 192 | | section. The office shall make available on its website contact information for the181 |
|---|
| 208 | 193 | | organizations that have certified victim advocates.182 |
|---|
| 209 | 194 | | (c) There shall be no fee or charge to any participant for any services provided by a victim183 |
|---|
| 210 | 195 | | advocate pursuant to this article.184 |
|---|
| 211 | 196 | | 50-18-153.185 |
|---|
| 212 | 197 | | (a) Upon a participant providing a copy of his or her address confidentiality card to a186 |
|---|
| 213 | 198 | | governmental entity and requesting that such governmental entity only use his or her187 |
|---|
| 214 | 199 | | designated address, the governmental entity shall only use the participant's designated188 |
|---|
| 215 | 200 | | address.189 |
|---|
| 216 | 201 | | (b) If a participant's employer, or a school or institution of higher education attended by190 |
|---|
| 217 | 202 | | the participant, is not a governmental entity, the participant may request that the employer,191 |
|---|
| 218 | 203 | | school, or institution of higher education use the designated address as the participant's192 |
|---|
| 219 | 204 | | address.193 |
|---|
| 220 | 205 | | (c) A utility owned by a governmental entity shall not release any confidential address.194 |
|---|
| 223 | 207 | | (d) A participant may also use the designated address as the participant's work address.195 |
|---|
| 224 | 208 | | (e) The office on each day that it is open for business shall place all first-class, registered,196 |
|---|
| 225 | 209 | | or certified mail or statutory overnight delivery received on behalf of a participant into an197 |
|---|
| 226 | 210 | | envelope or package and mail such envelope or package to the participant at his or her198 |
|---|
| 227 | 211 | | confidential address. The office may contract with the United States Postal Service for199 |
|---|
| 228 | 212 | | special rates for any mail forwarded pursuant to this subsection. Service by mail pursuant200 |
|---|
| 229 | 213 | | to this subsection of court papers, other than service of process, shall be deemed complete201 |
|---|
| 230 | 214 | | three business days after the office forwards the mail to the participant.202 |
|---|
| 231 | 215 | | (f) If a person intends to serve process on a participant and makes an inquiry with the203 |
|---|
| 232 | 216 | | office to determine if the individual is a participant, the office shall only confirm that the204 |
|---|
| 233 | 217 | | individual is a participant and, except as otherwise allowed pursuant to this article, shall205 |
|---|
| 234 | 218 | | not disclose further information regarding the participant. If process has been forwarded206 |
|---|
| 235 | 219 | | to a participant pursuant to subsection (e) of this Code section, the office shall disclose the207 |
|---|
| 236 | 220 | | date of mailing to the person attempting to serve the participant.208 |
|---|
| 237 | 221 | | 50-18-154.209 |
|---|
| 238 | 222 | | (a) The office may, after providing at least 30 days prior written notice to a participant,210 |
|---|
| 239 | 223 | | cancel the certification of a participant in any of the following circumstances:211 |
|---|
| 240 | 224 | | (1) The participant's legal name or contact information changes, unless the participant212 |
|---|
| 241 | 225 | | provides the office with prior written notice of such change;213 |
|---|
| 242 | 226 | | (2) Mail forwarded by the office to the participant's confidential address is returned as214 |
|---|
| 243 | 227 | | undeliverable by the United States Postal Service for 60 or more days;215 |
|---|
| 244 | 228 | | (3) The participant is no longer eligible for the program;216 |
|---|
| 245 | 229 | | (4) The participant requests to withdraw from the program pursuant to Code217 |
|---|
| 246 | 230 | | Section 50-18-151;218 |
|---|
| 247 | 231 | | (5) The participant files a notarized request for cancellation on a form prescribed by the219 |
|---|
| 248 | 232 | | office; or220 |
|---|
| 251 | 234 | | (6) The participant fails to file a renewal application pursuant to Code221 |
|---|
| 252 | 235 | | Section 50-18-151.222 |
|---|
| 253 | 236 | | (b) The office shall cancel a participant's certification if the participant's renewal223 |
|---|
| 254 | 237 | | application or application for continuance contains false information.224 |
|---|
| 255 | 238 | | 50-18-155.225 |
|---|
| 256 | 239 | | (a) If a participant notifies a governmental entity in writing, on a form prescribed by the226 |
|---|
| 257 | 240 | | office, that he or she is a participant, such entity shall not knowingly disclose the227 |
|---|
| 258 | 241 | | participant's confidential address, unless:228 |
|---|
| 259 | 242 | | (1) The confidential address is subject to sharing or dissemination pursuant to court229 |
|---|
| 260 | 243 | | order;230 |
|---|
| 261 | 244 | | (2) The confidential address is subject to sharing or dissemination in connection with an231 |
|---|
| 262 | 245 | | active investigation or inspection of a potential health code, building code, fire code, or232 |
|---|
| 263 | 246 | | local ordinance violation allegedly committed by the participant;233 |
|---|
| 264 | 247 | | (3) The confidential address is needed to provide public assistance or other government234 |
|---|
| 265 | 248 | | services to a participant, or to allocate financial responsibility for such assistance or235 |
|---|
| 266 | 249 | | services;236 |
|---|
| 267 | 250 | | (4) The confidential address is necessary to perform a governmental entity's health,237 |
|---|
| 268 | 251 | | safety, or welfare functions, including the provision of emergency 9-1-1 services, the238 |
|---|
| 269 | 252 | | assessment and investigation of child or vulnerable adult abuse or neglect, or the239 |
|---|
| 270 | 253 | | assessment or inspection of services or locations for compliance with health and safety240 |
|---|
| 271 | 254 | | standards;241 |
|---|
| 272 | 255 | | (5) The confidential address is necessary to aid an active law enforcement investigation242 |
|---|
| 273 | 256 | | of the participant upon verification that the disclosure will aid the law enforcement243 |
|---|
| 274 | 257 | | agency in responding to an emergency situation or a criminal complaint or conducting244 |
|---|
| 275 | 258 | | an investigation; or245 |
|---|
| 278 | 260 | | (6) The person to whom the confidential address is disclosed also resides, is employed246 |
|---|
| 279 | 261 | | at, or goes to school at the confidential address.247 |
|---|
| 280 | 262 | | (b) Except as may be otherwise provided by law, a confidential address disclosed pursuant248 |
|---|
| 281 | 263 | | to subsection (a) of this Code section may be used only for the purposes authorized in this249 |
|---|
| 282 | 264 | | Code section and may not be further disclosed to any other person or governmental entity. 250 |
|---|
| 283 | 265 | | Governmental entities receiving or sharing a confidential address pursuant to this Code251 |
|---|
| 284 | 266 | | section shall establish procedures to protect the confidential address from further252 |
|---|
| 285 | 267 | | disclosure.253 |
|---|
| 286 | 268 | | (c) When a participant presents his or her designated address to any person, such254 |
|---|
| 287 | 269 | | designated address shall be accepted as the address of the participant. The person shall not255 |
|---|
| 288 | 270 | | require the participant to submit any other address either as a substitute address or in256 |
|---|
| 289 | 271 | | addition to the designated address, or as a condition of receiving a service or benefit, unless257 |
|---|
| 290 | 272 | | the service or benefit would be impossible to provide without knowledge of the258 |
|---|
| 291 | 273 | | participant's confidential address."259 |
|---|
| 292 | 274 | | SECTION 4.260 |
|---|
| 293 | 275 | | (a) Sections 1 and 2 of this Act shall become effective July 1, 2024. 261 |
|---|
| 294 | 276 | | (b) Section 3 of this Act shall become effective July 1, 2026, subject to appropriations of the262 |
|---|
| 295 | 277 | | General Assembly.263 |
|---|
| 296 | 278 | | SECTION 5.264 |
|---|
| 297 | 279 | | All laws and parts of laws in conflict with this Act are repealed. 265 |
|---|