An Act ENROLLED SENATE BILL NO. 1569 By: Weaver of the Senate and Boatman and Fugate of the House An Act relating to the Protection from Domestic Abuse Act; creating the Address Confidentiality for Child Survivors and Their Families Act; 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; updating statutory language; providing for noncodification; and providing an effective date. SUBJECT: Address Confidentiality Program 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 actua l or threatened domestic violence, sexual assault, or stalking, human trafficking, or child abduction, frequently establish new a ddresses in order to prevent their assailants or probable assailants from finding t hem. The purpose of this section is to enab le state and local agencies to respond to requests for public records without disclosing the location of a ENR. S. B. NO. 1569 Page 2 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 f or 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 domes tic 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 h ave been reported to law enforcement; 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 St atutes; 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 ENR. S. B. NO. 1569 Page 3 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 applica nt 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 stalking, human trafficking, o r 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 process 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 the applicant requests not be disclos ed 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. ENR. S. B. NO. 1569 Page 4 2. An adult or minor child who resides with the ap plicant who also needs to be a program par ticipant in order to ensure the safety of the applicant may apply. Each adult living in the househ old 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 invalidat ed before that date. The Attorney General shall by rule establish 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 chil dren of the applicant or the minor or incapacitated person on whose 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 o f the Oklahoma Statutes. E. 1. If the program participant obtains 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 re sidential address, unless the program participant provides th e Attorney General notice no later than seven (7) days after the change occurs . 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 no ndeliverable. 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 creatin g a new public record, ENR. S. B. NO. 1569 Page 5 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 adm inistrative 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 participant 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 shall not be required to track or other wise maintain records of any mail received on behalf of a participant unless the mail is certified or registered mail. G. The Attorney General may not make any records i n a file of a program participant available for inspection 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 unl ess 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 employe e of a designated entity that provides counseling, referral, shelter, or other services to victims ENR. S. B. NO. 1569 Page 6 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 appl ication 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. 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 adm inistrative 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 Offic e of Administrative 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 rules 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 fun ds, property, records, personnel, and outst anding financial obligations and encumbrances related to the position and the Office of Address 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 Stat e. SECTION 3. This act shall become effective November 1, 2022. ENR. S. B. NO. 1569 Page 7 Passed the Senate the 14th day of February, 2022. Presiding Officer of the Senate Passed the House of Representatives the 26th day of April, 2022. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of _________________ __, 20_______, at _______ o'cl ock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahom a OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________________ __