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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1569 By: Weaver
AS INTRODUCED
An Act relating to the Protection from Domestic Abuse
Act; creating the Address Confidentiality for Child
Survivors and Their Families A ct; providing short
title; amending 22 O.S. 2021, Section 60.14 , which
relates to the Address Confidentiality Program;
adding human trafficking and child abduction to
certain address confidentiality program; providing
for non-codification; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This Act shall be known as the "Address Confidentiality for
Child Survivors and Their Families Act ".
SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.14, is
amended to read as follows:
Section 60.14. A. The Legislature finds that persons
attempting to escape from actual or th reatened domestic violence,
sexual assault, or stalking, human trafficking, or child abduction,
frequently establish new a ddresses in order to prevent their
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assailants or probable assailants from finding t hem. The purpose of
this section is to enable stat e and local agencies to respond to
requests for public records without disclosing the location of a
victim of domestic abu se, sexual assault, or stalking, human
trafficking, or child abduction, to enable interagency cooperation
with the Attorney General in providing address confidentiality for
victims of domestic abuse, sexual assault, or stalking, human
trafficking, or child abduction, and to enable state and local
agencies to accept an address designated b y the Attorney General by
a program participant as a substitute mailing address.
B. As used in this section:
1. "Address" means a residential s treet address, school
address, or work address of an indi vidual, as specified on the
application of an individu al to be a program participant under this
section;
2. "Program participant" means a person certified as a program
participant under this section ;
3. "Domestic abuse" means an act as defined in Section 60.1 of
this title and includes a threat of such acts committed against an
individual in a domesti c situation, regardless of whether these acts
or threats have been reported to law enforcement offic ers; and
4. "Stalking" means an act as defined in Sectio n 60.1 of this
title regardless of whether the acts ha ve been reported to law
enforcement;
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5. "Human trafficking" means human trafficking , human
trafficking for labor, and human traf ficking for commercial sex as
defined in paragraphs 4 through 6 of subsec tion A of Section 748 of
Title 21 of the Oklahoma Stat utes; and
6. "Child abduction" means the abduction of a person pursuant
to Section 1119 of Title 21 of the Oklahoma Statutes .
C. The Address Confidentiality Program shall be staffed by
unclassified employees, who have been subjected to a criminal
history records search.
D. 1. An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapa citated
person, as defined by Sectio n 1-111 of Title 30 of the Ok lahoma
Statutes, may apply to the Attorney General to have an address
designated by the Attorney General serve as the address of the
person or the address of the minor or incapacitated person . The
Attorney General shall approve an application if it is fil ed in the
manner and on the form prescribed by the Attorney General and if it
contains:
a. a sworn statement by the applicant that the applicant
has good reason to believe:
(1) that the applicant, or the minor or incapacitated
person on whose behalf the ap plication is made,
is a victim of domestic abuse, sexual assault, or
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stalking, human trafficking, or child abduction,
and
(2) that the applicant fears for the safety of self
or children, or the safety of the minor or
incapacitated person on whose behalf the
application is made,
b. a designation of the Attorney General as agent for
purposes of service of proces s and for the purpose of
receipt of mail,
c. the mailing address where the applicant can be
contacted by the Attorney General, and the phone
number or numbers where the applicant can be called by
the Attorney General,
d. the new address or addresses that t he applicant
requests not be disclosed for the reason that
disclosure will increase the risk of domestic abuse,
sexual assault, or stalking, human trafficking, or
child abduction, and
e. the signature of the applicant and application
assistant who assisted in the preparation of the
application, and the date on which the applicant
signed the application.
2. An adult or minor child who resides with the ap plicant who
also needs to be a program participant in o rder to ensure the safety
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of the applicant may app ly. Each adult living in the household must
complete a separate application. An adult may apply on behalf of a
minor.
3. Applications shall be filed with the Office of the Attorney
General.
4. Upon filing a properly completed application, the Attorney
General shall certify the applicant as a program participant.
Applicants shall be certified for four (4) years following the date
of filing unless the certification is withdrawn or invalidated
before that date. The Attorney General shall by rule establis h a
renewal procedure.
5. A person who falsely attests in an application that
disclosure of the address of the applicant would endanger the safety
of the applicant or the safety of the children of the appl icant or
the minor or incapacitated person on whos e behalf the application is
made, or who knowingly provides false or incorrect information upon
making an application, may be found guilty of perjury u nder Sections
500 and 504 of Title 21 of the Oklahoma S tatutes.
E. 1. If the program participant obtain s a name change, the
participant loses certification as a program participant.
2. The Attorney General may cancel the certification of a
program participant if there is a change in the residential address,
unless the program participant provides the Attorney General notice
no later than seven (7) days after the change occurs .
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3. The Attorney General may cancel certification of a program
participant if mail forwarded by the Attorney General to the address
of the program participant is returned as nondelive rable.
4. The Attorney General shall cancel certification of a program
participant who applies using false information.
F. 1. A program participant may request that state and local
agencies use the addre ss designated by the Attorney General as the
address of the participant. When creating a new public record,
state and local agencies shall accept the address designated by the
Attorney General as a substitute address for the program
participant, unless th e Attorney General has determined that:
a. the agency has a bona fide statutory or administrative
requirement for the use of the address which would
otherwise be confidenti al under this section, and
b. this address will be used only for those statutory and
administrative purposes.
2. A program participan t may use the address designated by the
Attorney General as a work address.
3. The Office of the Attorney General shall forward all first
class, certified and registered mail to the appropriate program
participants for no charge. The Attorney General sha ll not be
required to track or otherwise maintain records of any mail received
on behalf of a participant unless the mail is certified or
registered mail.
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G. The Attorney General may not make any records i n a file of a
program participant available for in spection or copying, other than
the address designated by the Attorney General, except under the
following circumstances:
1. If directed by a court or der, to a person identified in the
order; or
2. To verify the participation of a specific program
participant to a state or local agency , in which case the Attorney
General may only confirm information supplied by the requeste r.
No employee of a state or local agency shall knowingly and
intentionally disclose a program participant 's actual address unless
disclosure is permitted by law.
H. The Attorney General shall designate state and local
agencies, federal government, federa lly recognized tribes, and
nonprofit agencies to assist persons in applying to be pr ogram
participants. A volunteer or employee of a designated entity that
provides counseling, referral, shelter, or other services to victims
of domestic abuse, sexual assa ult, or stalking, human trafficking,
or child abduction, and has been trained by the Attorney General
shall be known as an application assistant. Any assistance and
counseling rendered by the Office of the Attorney General or an
application assistant to applicants shall in no way be construed as
legal advice.
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I. The Attorney General may enter into agreements with the
federal government and federally recognized tribes in the State of
Oklahoma this state or other entities for purposes of the
implementation of the Addr ess Confidentiality Program, including the
use and acceptance of the subs titute address designated by the
Attorney General.
J. Effective July 1, 2008, all administrative rules promulgated
by the Office of the Secretary of State to implement this program
shall be transferred to and be come part of the administrative rules
of the Office of the Attorney General. The Office of Ad ministrative
Rules in the Office of the Secretary of State shall provide adequate
notice in "The Oklahoma Register " of the transfer of such rules, and
shall place the transferred rules under the Administrat ive Code
section of the Attorney General. Such ru les shall continue in force
and effect as rules of the Office of the Attorney General from and
after July 1, 2008, and any amendment, repeal or addition to the
transferred rules shall be under the jurisdict ion of the Attorney
General. The Attorney General shall adopt and promulgate rules to
implement this program , as applicable.
K. Beginning July 1, 2008, the Director of the Address
Confidentiality Program shall cease to be a position within the
Office of the Secretary of State. All unexpended funds, pro perty,
records, personnel, and outstanding financial obligations and
encumbrances related to the position and the Office of Address
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Confidentiality Program with t he Office of the Secretary of State
shall be transferred to the Office of the Attorney General . All
personnel shall retain their employment position and status as
unclassified employees, any leave, sick and annual time earned, and
any retirement and longe vity benefits which have accrued during
tenure with the Office of the Secretary of State.
SECTION 3. This act shall become effective November 1, 2022.
58-2-3227 JES 1/20/2022 11:21:21 AM