34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 646 By: Paxton of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Hilbert of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to judicial and federal official |
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46 | 39 | | security and privacy; amending Sections 1, 2, 3, and |
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47 | 40 | | 5, Chapter 350, O.S.L. 2023 (20 O.S. Supp. 2024, |
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48 | 41 | | Sections 3011, 3012, 3013, and 3015), which relate to |
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49 | 42 | | the Oklahoma Judicial Security and Privacy Act of |
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50 | 43 | | 2023; creating the Oklahoma Federal Official and |
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51 | 44 | | Judicial Security and Privacy Act of 2025; modifying |
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52 | 45 | | short title; modifying definition; modifying certain |
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53 | 46 | | exception for access to certain records; modifying |
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54 | 47 | | required contents of certain report; amending 26 O. S. |
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55 | 48 | | 2021, Section 4-115.2, as amended by Section 2, |
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56 | 49 | | Chapter 147, O.S.L. 2023 (26 O.S. Supp. 2024, Section |
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57 | 50 | | 4-115.2), which relates to confidentiality of |
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58 | 51 | | residence and mailing address; adding elected federal |
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59 | 52 | | officials to certain class; updating statutory |
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60 | 53 | | references; updating statutory language; providing an |
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61 | 54 | | effective date; and declaring an emergency . |
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62 | 55 | | |
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63 | 56 | | |
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64 | 57 | | |
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65 | 58 | | |
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66 | 59 | | |
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67 | 60 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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68 | 61 | | SECTION 1. AMENDATORY Section 1, Chapter 350, O.S.L. |
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69 | 62 | | 2023 (20 O.S. Supp. 2024, Section 3011), is amended to read as |
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70 | 63 | | follows: |
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101 | 93 | | SECTION 2. AMENDATORY Section 2, Chapter 350, O.S.L. |
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102 | 94 | | 2023 (20 O.S. Supp. 2024, Section 3012), is amended to read as |
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103 | 95 | | follows: |
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104 | 96 | | Section 3012. As used in this act the Oklahoma Federal Official |
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105 | 97 | | and Judicial Security and Privacy Act of 2025 : |
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106 | 98 | | 1. The term “at-risk individual” means any current elected |
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107 | 99 | | federal official of this state or active or retired member of the |
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108 | 100 | | State Judiciary, and shall also include municipal, county, tribal, |
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109 | 101 | | and federal judges; |
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110 | 102 | | 2. The term “commercial entity” means any corporation, |
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111 | 103 | | partnership, limited partnership, proprietorship, sole |
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112 | 104 | | proprietorship, firm, enterprise, franchise, or association engaged |
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113 | 105 | | in the buying or selling of goods or services for profit; |
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114 | 106 | | 3. The term “covered information” means: |
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115 | 107 | | a. a home address, including primary residence or |
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116 | 108 | | secondary residences of an at -risk individual, |
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117 | 109 | | b. a home or personal mobile telephone number, or the |
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118 | 110 | | direct telephone number of a government -issued cell |
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119 | 111 | | phone or private extension in the chambe rs of an at- |
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120 | 112 | | risk individual, |
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121 | 113 | | c. a personal email address of an at -risk individual, |
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152 | 143 | | e. the bank account or credit or debit card information |
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153 | 144 | | of an at-risk individual, |
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154 | 145 | | f. the home or other address displayed on property tax |
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155 | 146 | | records or held by a federal, state, or local |
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156 | 147 | | government agency of an at -risk individual, including |
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157 | 148 | | any secondary residence and any investment property at |
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158 | 149 | | which an at-risk individual resides for part of a |
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159 | 150 | | year, |
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160 | 151 | | g. a license plate number or home address displayed on |
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161 | 152 | | vehicle registration information of an at -risk |
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162 | 153 | | individual, |
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163 | 154 | | h. the identification of children under the age of |
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164 | 155 | | eighteen (18) of an at -risk individual or any child |
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165 | 156 | | under the age of twenty -six (26) whose permanent |
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166 | 157 | | residence is the home of the at -risk individual, |
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167 | 158 | | i. the full date of birth, |
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168 | 159 | | j. a photograph of any vehicle that legibly displays the |
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169 | 160 | | license plate or a photograph of a residence that |
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170 | 161 | | legibly displays the address of the residence of an |
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171 | 162 | | at-risk individual, |
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203 | 193 | | m. the name and address of a place of worship the at -risk |
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204 | 194 | | individual or immediate family of an at -risk |
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205 | 195 | | individual attends; |
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206 | 196 | | 4. The term “immediate family” means a spouse, child, or parent |
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207 | 197 | | of an at-risk individual or any other familial relative of an at- |
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208 | 198 | | risk individual whose permanent residence is the same as the at -risk |
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209 | 199 | | individual; |
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210 | 200 | | 5. The term “social media” means any online electronic medium |
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211 | 201 | | or a live chat system that: |
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212 | 202 | | a. primarily serves as a medium for users to interact |
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213 | 203 | | with content generate d by other third-party users of |
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214 | 204 | | the medium, |
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215 | 205 | | b. enables users to create accounts or profiles specific |
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216 | 206 | | to the medium or to import profiles from another |
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217 | 207 | | medium, and |
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218 | 208 | | c. enables one or more users to generate content that can |
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219 | 209 | | be viewed by other third -party users of the medium; |
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220 | 210 | | 6. The term “state agency” means: |
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221 | 211 | | a. an executive agency, as defined by Oklahoma Statute, |
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253 | 242 | | 7. The term “transfer” means to sell, license, trade, or |
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254 | 243 | | exchange for consideration the covered information of an at -risk |
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255 | 244 | | individual or immediate family. |
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256 | 245 | | SECTION 3. AMENDATORY Section 3, Chapter 350, O.S.L. |
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257 | 246 | | 2023 (20 O.S. Supp. 2024, S ection 3013), is amended to read as |
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258 | 247 | | follows: |
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259 | 248 | | Section 3013. A. Each at-risk individual may: |
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260 | 249 | | 1. File written notice of the status of the individual as an |
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261 | 250 | | at-risk individual, for thems elves and immediate family, with each |
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262 | 251 | | state agency that includes informa tion necessary to ensure |
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263 | 252 | | compliance with this section, as determined by the Administrative |
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264 | 253 | | Director of the Courts; and |
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265 | 254 | | 2. Request that each state agency described in Section 2 3012 |
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266 | 255 | | of this act title mark as private their covered information and that |
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267 | 256 | | of their immediate family. |
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268 | 257 | | B. State agencies shall not publicly post or publicly display |
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269 | 258 | | content that includes covered information of an at -risk individual |
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270 | 259 | | or immediate family. State agen cies, upon receipt of a written |
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271 | 260 | | request under paragraph 1 of subsection A of this section, shall |
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272 | 261 | | remove the covered information of the at -risk individual or |
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304 | 292 | | an elected federal official of this state or a member of the |
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305 | 293 | | judiciary to a third party if the third party: |
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306 | 294 | | 1. Possesses a signed release from the elected federal |
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307 | 295 | | official, judge, or a lawful court order; |
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308 | 296 | | 2. Is subject to the requirements of Title V of the federal |
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309 | 297 | | Gramm-Leach-Bliley Act, 15 U.S.C., Section 6801 et seq.; or |
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310 | 298 | | 3. Executes a confidentiality agreement with the state agency. |
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311 | 299 | | SECTION 4. AMENDATORY Sectio n 5, Chapter 350, O.S.L. |
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312 | 300 | | 2023 (20 O.S. Supp. 2024, Section 3015), is amended to read as |
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313 | 301 | | follows: |
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314 | 302 | | Section 3015. Not later than one (1) year after the effective |
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315 | 303 | | date of enactment of this act, and biennially thereafter, the |
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316 | 304 | | Administrative Director of the Cou rts shall submit to the |
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317 | 305 | | Legislature an annual report that includes: |
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318 | 306 | | 1. A detailed amount spent by the state and local governments |
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319 | 307 | | on protecting judges’ covered information of elected federal |
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320 | 308 | | officials and judges ; |
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321 | 309 | | 2. Where the judges’ covered information of elected federal |
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322 | 310 | | officials and judges was found; and |
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354 | 341 | | SECTION 5. AMENDATORY 26 O.S. 2021, Section 4 -115.2, as |
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355 | 342 | | amended by Section 2, Chapter 147, O.S.L. 2023 (26 O.S. Supp. 2024, |
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356 | 343 | | Section 4-115.2), is amended to read as follows: |
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357 | 344 | | Section 4-115.2. A. 1. The Secretary of the State Election |
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358 | 345 | | Board is authorized to promulgate rules to keep confidential the |
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359 | 346 | | residence and mailing address, upon application to do so, of |
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360 | 347 | | individual registered voters who are members of certain classes as |
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361 | 348 | | described in paragraph 2 of this subsection. |
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362 | 349 | | 2. Classes shall be limited to any current elected federal |
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363 | 350 | | official of this state, the judiciary, district attorneys, assistant |
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364 | 351 | | district attorneys, Uniformed Services uniformed services members, |
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365 | 352 | | law enforcement personnel and the immediate family of law |
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366 | 353 | | enforcement personnel, correctional officers, the secretary, |
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367 | 354 | | assistant secretary, employees, and members of a county election |
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368 | 355 | | board or the State Election B oard, persons who are protected by |
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369 | 356 | | victim’s protection orders, the spous es and dependents of the |
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370 | 357 | | members of such classes, and persons who are certified by the |
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371 | 358 | | Secretary of State as participants in the Address Confidentiality |
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372 | 359 | | Program established by Section 60.14 of Title 22 of the Oklahoma |
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373 | 360 | | Statutes. |
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405 | 391 | | provided by law. How ever, no information concerning the address of |
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406 | 392 | | a certified Address Confidentiality Program participant shall be |
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407 | 393 | | released by election officials to any person for any purpose except |
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408 | 394 | | under court order. |
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409 | 395 | | B. As used in this section, “immediate family of law |
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410 | 396 | | enforcement personnel” means a spouse, child by birth or adoption, |
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411 | 397 | | stepchild or parent living at the same residence as the law |
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412 | 398 | | enforcement personnel. |
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413 | 399 | | SECTION 6. This act shall become effective July 1, 2025. |
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414 | 400 | | SECTION 7. It being immediately necessary for the preservation |
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415 | 401 | | of the public peace, health or safety, an emergency is hereby |
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416 | 402 | | declared to exist, by reason whereof this act shall take effect and |
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417 | 403 | | be in full force from and after its passage and approval. |
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