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AN ACT relating to the Safe at Home Program. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 14.260 is amended to read as follows: 3
[(1) As funds are available, the Secretary of State, or designee, shall promulgate 4
administrative regulations to expand the address protection program to allow an 5
applicant or specified guardians to apply to have a substitute address designated to 6
serve as the address of the participant. Any program created under this section shall: 7
(a) Collaborate with the Kentucky Commission on Women; 8
(b) Establish criteria to prohibit certain individuals, including any individual 9
required to register as a sex offender, from participation in the program; 10
(c) Allow a participant to request that state and local agencies use the substitute 11
address as the address of the participant, but agencies may show that they 12
have a bona fide statutory or administrative requirement for the actual 13
address; 14
(d) Be open to individuals that are victims of domestic violence and abuse, 15
stalking, any victim of an offense or an attempt to commit an offense defined 16
in KRS Chapter 510, 530.020, 530.064(1)(a), 531.310, or 531.320, or any 17
victim of a similar federal offense or a similar offense from another state or 18
territory; 19
(e) Allow an applicant to submit evidence, including a sworn statement, to show 20
that he or she is a victim of a qualifying offense. 21
(2) Participation in any program established under this section shall not affect custody 22
or visitation orders in effect prior to or established during program participation, 23
nor shall it constitute evidence of any offense and shall not be considered for 24
purposes of making an order allocating parental responsibilities or parenting time. 25
(3) No actionable duty nor any right of action shall accrue against the state, any entity 26
operating an address protection program for the state, an individual operating in his 27 UNOFFICIAL COPY 23 RS BR 950
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or her professional capacity on behalf of the confidential address protection 1
program established in this section, or an employee of the state or municipality in 2
the event of negligent acts that result in the disclosure of a program participant's 3
actual address.] 4
(1)[(4)] The Safe at Home Program[address protection program] fund is hereby 5
created as a separate trust fund in the State Treasury. The Safe at Home 6
Program[address protection program] fund shall consist of amounts received from 7
fees collected pursuant to KRS 23A.208 and 24A.178, amounts received from 8
appropriations, and any other proceeds from gifts, grants, federal funds, or any 9
other funds, both public and private, made available for the purposes of this section. 10
(2)[(5)] The Safe at Home Program[address protection program] fund shall be 11
administered by the Secretary of State to operate and maintain the Safe at Home 12
Program[confidential address protection program] established in Section 3 of this 13
Act[this section] and shall not be used for any other purposes. 14
(3)[(6)] Notwithstanding KRS 45.229, Safe at Home Program[ address protection 15
program] fund amounts not expended at the close of a fiscal year shall not lapse but 16
shall be carried forward into the next fiscal year. 17
(4)[(7)] Any interest earnings of the Safe at Home Program[ address protection 18
program] fund shall become a part of the Safe at Home Program[ address 19
protection program] fund and shall not lapse. 20
(5)[(8)] Moneys deposited in the Safe at Home Program[address protection program] 21
fund are hereby appropriated for the purposes set forth in this section and shall not 22
be appropriated or transferred by the General Assembly for any other purposes. 23
Section 2. KRS 14.300 is amended to read as follows: 24
As used in KRS 14.300 to 14.318 unless the context otherwise requires: 25
(1) "Address" means a residential street address, school address, or work address of an 26
individual, as specified on the application of an individual to be a program 27 UNOFFICIAL COPY 23 RS BR 950
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participant under this section; 1
(2) "Applicant" means a person applying for certification in the Safe at Home[address 2
confidentiality] Program under KRS 14.300 to 14.318; 3
(3) "Application assistant" means a private individual, employee or volunteer of a 4
government agency, or an employee or volunteer of a nonprofit program that 5
provides counseling, referral, shelter, or other specialized service to victims of 6
domestic violence, rape, sexual assault, human trafficking, stalking, or other 7
crimes, who has been designated by the respective agency or program, and who 8
has been trained and registered by the Secretary of State to assist individuals in 9
establishing a safety program and in the completion of program applications; 10
(4)[(3)] "Criminal offense against a victim who is a minor" has the same meaning as 11
in KRS 17.500; 12
(5)[(4)] "Domestic violence and abuse" has the same meaning as in KRS 403.720; 13
(6)[(5)] "Program participant" means a person certified as a program participant under 14
KRS 14.300 to 14.318; 15
(7) "Human trafficking" means an offense or attempt to commit an offense as 16
defined in: 17
(a) KRS 529.100; 18
(b) 18 U.S.C. sec. 1589; 19
(c) 18 U.S.C. sec. 1592; 20
(d) 22 U.S.C. sec. 7102(8); 21
(e) 22 U.S.C. sec. 7102(11); or 22
(f) 22 U.S.C. sec. 7102(12); 23
(8)[(6)] "Sex crime" means an offense or an attempt to commit an offense defined in: 24
(a) KRS Chapter 510; 25
(b) KRS 530.020; 26
(c) KRS 530.064(1)(a); 27 UNOFFICIAL COPY 23 RS BR 950
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(d) KRS 531.120; 1
(e)[(d)] KRS 531.310; 2
(f)[(e)] KRS 531.320; or 3
(g)[(f)] Any criminal attempt to commit an offense specified in this subsection, 4
regardless of the penalty for the attempt; 5
(9)[(7)] "Specified offense" means: 6
(a) Domestic violence and abuse; 7
(b) Stalking; 8
(c) A sex crime; 9
(d) Human trafficking; 10
(e)[(d)] A criminal offense against a victim who is a minor; 11
(f)[(e)] A similar federal offense; or 12
(g)[(f)] A similar offense from another state or territory; and 13
(10)[(8)] "Stalking" means conduct prohibited under KRS 508.140 and 508.150. 14
Section 3. KRS 14.302 is amended to read as follows: 15
(1) The Safe at Home Program is hereby established within the office of the 16
Secretary of State.[On or after July 1, 2013, the Secretary of State shall create a 17
crime victim address protection program.] 18
(2) The Safe at Home Program shall be operated with the intent to protect victims of: 19
(a) Domestic violence; 20
(b) Human trafficking; 21
(c) Stalking; 22
(d) Sexual assault; 23
(e) Rape; and 24
(f) Other sexual crimes as defined by KRS 17.500. 25
(3) The Safe at Home Program shall authorize the use of designated addresses for 26
victims, their minor children, and all other individuals residing with the victim. 27 UNOFFICIAL COPY 23 RS BR 950
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(4)[(2)] The Safe at Home Program[crime victim address protection program] shall 1
be open to victims of a specified offense who are United States citizens and 2
residents of Kentucky, without any cost to the program participant. 3
(5)[(3)] The Secretary of State shall require that each person employed in the Office 4
of the Secretary of State directly responsible for the administration of the Safe at 5
Home Program[ crime victim address protection program] submit his or her 6
fingerprints to the Department of State. The Department of State shall exchange 7
fingerprint data with the Kentucky State Police and the Federal Bureau of 8
Investigation in order to conduct a criminal history background check of each 9
employee directly responsible for the administration of the program. 10
Section 4. KRS 14.304 is amended to read as follows: 11
(1) Upon the creation of the Safe at Home Program[crime victim address protection 12
program], the following individuals may apply to the Secretary of State to have an 13
address designated as his or her mailing address in place of his or her residential 14
address: 15
(a) An adult victim; 16
(b) A parent or guardian acting on behalf of a minor when the minor resides 17
with him or her; 18
(c) A guardian acting on behalf of an incapacitated individual who is a victim 19
of a specified offense; and 20
(d) Any individuals residing with the victim 21
[applicant, a parent or guardian acting on behalf of a minor, a guardian acting on 22
behalf of a person who is declared incompetent, or a designee of an applicant 23
or a parent or guardian of a minor or a guardian of a person declared 24
incompetent who cannot for any reason apply themselves, may apply to the 25
Secretary of State to have an address designated by the Secretary of State 26
serve for voting purposes as the address of the applicant, the minor, or the 27 UNOFFICIAL COPY 23 RS BR 950
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incompetent person]. 1
(2) The Secretary of State shall approve an application if it is filed in the manner and 2
on the form prescribed by the Secretary of State [by administrative regulation ]and 3
if it contains: 4
(a) A sworn statement, under penalty of perjury, by the applicant that: 5
1. The applicant is a victim of a specified offense or resides in the same 6
household as a victim of a specified offense;[The applicant or the 7
minor or the incompetent person on whose behalf the application is 8
made is a victim of a specified offense in an ongoing criminal case or in 9
a criminal case that resulted in a conviction by a judge or jury or by a 10
defendant's guilty plea; or] 11
2. The applicant fears for his or her own safety or the safety of another 12
person who resides in the same household; and[The applicant or the 13
minor or the incompetent person on whose behalf the application is 14
made has been granted an order of protection as defined in KRS 403.720 15
and 456.010 by a court of competent jurisdiction within the 16
Commonwealth of Kentucky and the order is in effect at the time of 17
application;] 18
3. The applicant is not applying for certification as a program 19
participant in order to avoid prosecution for a crime; 20
[(b) A sworn statement by the applicant that disclosure of the address of the 21
applicant would endanger the safety of the applicant or the safety of the 22
children of the applicant, or the minor or incompetent person on whose behalf 23
the application is made.] 24
(b)[(c)] The mailing address and the phone number or numbers where the 25
applicant can be contacted by the Secretary of State or the Secretary of 26
State's designee; 27 UNOFFICIAL COPY 23 RS BR 950
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(c)[(d)] The new address or addresses that the applicant requests not be 1
disclosed for the reason that disclosure will increase the risk of a specified 2
offense, jeopardize the applicant's safety, or increase the risk of violence to 3
the applicant or members of the applicant's household;[ and] 4
(d)[(e)] The date the application was prepared, the applicant's signature, and, 5
if applicable, the signature of the application assistant who assisted the 6
applicant in applying to be a program participant; and[The signature of the 7
applicant and of a representative of any office designated under KRS 14.310 8
as a referring agency who assisted in the preparation of the application, and 9
the date on which the applicant signed the application.] 10
(e) A designation of the Secretary of State as agent for purposes of service of 11
process and for receipt of first class mail, legal documents, and certified 12
mail. 13
(3)[(2)] Applications shall be filed with the Office of the Secretary of State. 14
Applicants may choose to consult with an application assistant for assistance with 15
the application process or apply online directly through the portal designated by 16
the Secretary of State. 17
(4)[(3)] Upon the filing of a properly completed application, the Secretary of State 18
shall certify the applicant as a program participant if the applicant is not required to 19
register as a sex offender or is not otherwise prohibited from participating in the 20
program. 21
(5)[(4)] Applicants shall be certified for four (4)[two (2)] years following the date of 22
filing unless the certification is withdrawn or invalidated before that date. The 23
Secretary of State shall send notification of an expiring certification and a 24
renewal form to a program participant at least four (4) weeks prior to the 25
expiration of the program participant's certification. The renewal need only be 26
signed by the applicant and need not be made before an application assistant. The 27 UNOFFICIAL COPY 23 RS BR 950
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Secretary of State shall promulgate an administrative regulation to establish a 1
renewal procedure. 2
(6)[(5)] A person who falsely attests in an application that disclosure of the address of 3
the applicant would endanger the safety of the applicant or the safety of the children 4
of the applicant, or the minor or incompetent person on whose behalf the 5
application is made, or household members residing with the applicant, or who 6
knowingly provides false or incorrect information upon making an application may 7
be found guilty of a violation of KRS 523.030. 8
(7)[(6)] The addresses of individuals applying for entrance into the Safe at Home 9
Program[crime victim address confidentiality program] and the addresses of those 10
certified as program participants shall be exempt from disclosure under the 11
Kentucky Open Records Act, KRS 61.870 to KRS 61.884. An agency may not 12
require the program participant to submit any new address that could be used to 13
physically locate the participant. When creating a new public record, state and 14
local agencies shall accept the address designated by the Secretary of State as a 15
program participant's substitute address, unless the Secretary of State has 16
determined that: 17
(a) The agency has a bona fide statutory or administrative requirement for the 18
use of the address which would otherwise be confidential under this 19
chapter; and 20
(b) This address will be used only for those statutory and administrative 21
purposes. 22
(8)[(7)] (a) As part of the application process established by the Secretary of State 23
pursuant to subsections (1) and (2) of this section, an applicant may request 24
that state or local agencies be notified that an applicant has been certified 25
and enrolled in the Safe at Home Program[A program participant shall 26
notify the Office of the Secretary of State of a change of address within seven 27 UNOFFICIAL COPY 23 RS BR 950
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(7) days of the change of address]. 1
(b) 1. The Secretary of State shall provide to such agencies the address that 2
has been designated by the Secretary of State to serve as the mailing 3
address of the participant; 4
2. Agencies receiving such notification from the Secretary of State shall 5
change any existing records to reflect the new address submitted 6
under subparagraph 1. of this paragraph; 7
3. Notifications under this section shall not affect residency 8
designations; and 9
4. Subparagraph 2. of this paragraph shall not apply to paper records if 10
such records are more than five (5) years old and would be under the 11
normal course of business maintained or archived in the event of an 12
address change. 13
(9) Except as provided for in subsection (10) of this section, if a program participant 14
has notified a person in writing that he or she is a program participant, that 15
person shall not knowingly disclose the program participant's: 16
(a) Name; 17
(b) Home address; 18
(c) Work address; or 19
(d) School address. 20
(10) Any person to whom a program participant has provided written notification that 21
he or she is a program participant may knowingly disclose the program 22
participant's name, and home, work, or school address if that person also lives, 23
works, or goes to school at the address disclosed, or the participant has provided 24
written consent to disclosure of the participant's name, home, work, or school 25
address, for the purpose for the which the disclosure will be made. 26
(11) A program participant shall notify the Office of the Secretary of State of a change 27 UNOFFICIAL COPY 23 RS BR 950
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of address within fourteen (14) days of the change of address. 1
(12) The Secretary of State shall provide verification of an individual's enrollment in 2
the Safe at Home Program, as well as a personalized Safe at Home Program 3
card. The Safe at Home Program verification card shall contain the participant's 4
name, substitute address as designated by the Secretary of State, and any 5
additional information as determined necessary to include by the Secretary of 6
State. 7
(13) Any person relocating or doing business in the Commonwealth of Kentucky who 8
is a participant in a program in another state that is similar to the Safe at Home 9
Program shall be deemed approved for inclusion in the Commonwealth of 10
Kentucky's program for one (1) year. The Secretary of State shall promulgate 11
administrative regulations establishing procedures necessary to recognize similar 12
programs from outside the Commonwealth of Kentucky and enroll their 13
participants. The following exceptions shall apply: 14
(a) If the person is temporarily residing in the Commonwealth of Kentucky, he 15
or she shall be considered a participant in the Safe at Home Program as 16
long as he or she continues participation in such a program of a home 17
state; or 18
(b) If the person is not residing in the Commonwealth of Kentucky but is doing 19
business or engaged in other transactions there, the person shall be 20
considered a participant in the Safe at Home Program as long as he or she 21
continues to participate in a similar program in his or her state of residence. 22
Section 5. KRS 14.306 is amended to read as follows: 23
(1) The Secretary of State may cancel certification of a program participant if within 24
fourteen (14) days: 25
(a) From the date of the program participant changing his or her name, the 26
program participant fails to notify the Secretary of State that he or she has 27 UNOFFICIAL COPY 23 RS BR 950
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obtained a name change; however, the program participant may reapply under 1
his or her new name; or 2
(b) From the date of changing his or her address, the program participant fails to 3
notify the Secretary of State of the change of address. 4
(2) The Secretary of State shall cancel certification of a program participant who 5
applies using false information. 6
(3) The Secretary of State shall cancel certification of a program participant who 7
relocates outside the state of Kentucky. 8
(4) The Secretary of State shall cancel certification of a program participant who is 9
no longer eligible for the program. 10
(5)[(3)] The Secretary of State shall send notice of certification cancellation to the 11
program participant. The notice of certification cancellation shall set out the reasons 12
for cancellation. The program participant has the right to appeal the decision within 13
thirty (30) days under procedures established by the Office of the Secretary of State 14
by administrative regulation. 15
(6)[(4)] The Secretary of State shall cancel certification of a program participant who 16
is required to register as a sex offender. 17
(7)[(5)] A program participant may withdraw from the program by providing the 18
Secretary of State with notice of his or her intention to withdraw from the program. 19
The Secretary of State shall promulgate by administrative regulations a secure 20
procedure by which to ensure that the program participant's request for withdrawal 21
is legitimate. 22
Section 6. KRS 14.310 is amended to read as follows: 23
(1) The Secretary of State shall establish a list of state and local agencies and nonprofit 24
agencies that provide counseling and shelter services to victims of a specified 25
offense to assist persons applying to be program participants. Any assistance and 26
counseling rendered to applicants by the Office of the Secretary of State, [or] its 27 UNOFFICIAL COPY 23 RS BR 950
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designees, or application assistants shall in no way be construed as legal advice. 1
(2) The Secretary of State shall establish a training program for application 2
assistants. Application assistants shall be required to complete an initial training 3
program and become recertified every three (3) years. 4
(3) The role of an application assistant shall be to explain the Safe at Home 5
Program, assist the applicant in formulating a general safety plan, and direct the 6
applicant to additional support services. It is the responsibility of the applicant to 7
complete the required forms and ultimately determine whether he or she wishes 8
to participate in the program. 9
Section 7. KRS 23A.208 is amended to read as follows: 10
(1) In addition to fees created by KRS 23A.205, 23A.206, and 23A.2065, an 11
administrative fee of thirty dollars ($30) shall be added to the costs that the 12
defendant is required to pay for the following crimes: 13
(a) A sex crime, meaning an offense described in: 14
1. KRS Chapter 510; 15
2. KRS 530.020; 16
3. KRS 530.064(1)(a); 17
4. KRS 531.310; and 18
5. KRS 531.320; 19
(b) Stalking, meaning conduct prohibited under KRS 508.140 and 508.150; and 20
(c) A criminal attempt, conspiracy, facilitation, or solicitation to commit the 21
crimes set forth in this subsection. 22
(2) The first one dollar and fifty cents ($1.50) of each fee collected under this section 23
shall be placed into the general fund, and the remainder of the fee shall be allocated 24
by the clerk of the court on a quarterly basis to the Safe at Home[address 25
protection] Program fund established in KRS 14.260 to be used solely to establish, 26
operate, and maintain the Safe at Home[confidential address protection] Program 27 UNOFFICIAL COPY 23 RS BR 950
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established in KRS 14.260. 1
(3) The court may waive all or any portion of the fee required by this section if the 2
court finds that a person subject to the surcharge is indigent or financially unable to 3
pay all or any portion of the surcharge. The court may waive only the portion of the 4
surcharge that the court finds the person is financially unable to pay. 5
Section 8. KRS 24A.178 is amended to read as follows: 6
(1) In addition to fees created by KRS 24A.175, 24A.176, and 24A.1765, an 7
administrative fee of thirty dollars ($30) shall be added to the costs that the 8
defendant is required to pay for the following crimes: 9
(a) A sex crime, meaning an offense described in: 10
1. KRS Chapter 510; 11
2. KRS 530.020; 12
3. KRS 530.064(1)(a); 13
4. KRS 531.310; and 14
5. KRS 531.320; 15
(b) Stalking, meaning conduct prohibited under KRS 508.140 and 508.150; and 16
(c) A criminal attempt, conspiracy, facilitation, or solicitation to commit the 17
crimes set forth in this subsection. 18
(2) The first one dollar and fifty cents ($1.50) of each fee collected under this section 19
shall be placed into the general fund, and the remainder of the fee shall be allocated 20
by the clerk of the court on a quarterly basis to the Safe at Home[address 21
protection] Program fund established in KRS 14.260 to be used solely to establish, 22
operate, and maintain the Safe at Home[confidential address protection] Program 23
established in KRS 14.260. 24
(3) The court may waive all or any portion of the fee required by this section if the 25
court finds that a person subject to the surcharge is indigent or financially unable to 26
pay all or any portion of the surcharge. The court may waive only the portion of the 27 UNOFFICIAL COPY 23 RS BR 950
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surcharge that the court finds the person is financially unable to pay. 1