Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1569 Latest Draft

Bill / Enrolled Version Filed 04/27/2022

                             
 
 
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: _______________________________ __