HOUSE OF REPRESENTATIVES

H.B. NO.

448

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

S.D. 1

 

Proposed

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  Section 321-472, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321‑472[]]  Multidisciplinary and multiagency reviews.  The department [may] shall conduct multidisciplinary and multiagency reviews of domestic violence fatalities, near-deaths, and suicides to reduce the incidence of preventable [deaths.] intimate partner homicides.  The director may form domestic violence fatality review teams, as necessary, by appointing individuals to review domestic violence fatalities.  A domestic violence fatality review team shall not be subject to part I, chapter 92."

     SECTION 2.  Section 321-473, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321‑473[]]  Access to information.  (a)  Upon request of the director or a domestic violence fatality review team, all medical examiners, physicians acting under the direction of a coroner, providers of medical care, state agencies, and county agencies shall disclose to the department and the domestic violence fatality review team all information and records regarding the circumstances of a victim's death so that the department may conduct a multidisciplinary and multiagency review of domestic violence fatalities pursuant to this part.

     (b)  Members of the domestic violence fatality review team shall develop procedures related to near-deaths resulting from intimate partner violence.

     (c)  The department may enter into memoranda of understanding with the relevant state agencies and branches of government and county agencies to obtain information relating to near-deaths resulting from intimate partner violence.

     [(b)] (d)  To the extent that this section conflicts with other state confidentiality laws, the provisions of this section shall require disclosure, notwithstanding the existence of a specific confidentiality statute.

     [(c)] (e)  An entity represented on a domestic violence fatality review team and any entity cooperating with an entity represented on a domestic violence fatality review team may share with other members of the team:

     (1)  Information in its possession concerning the victim;

     (2)  Information in its possession concerning any person who was in contact with the victim; and

     (3)  Any other information in its possession deemed by the entity to be pertinent to the domestic violence fatality review.

     [(d)] (f)  Any information shared by an entity with other members of a domestic violence fatality review team is subject to the same restrictions on disclosure of the information or the records as the originating entity.

     (g)  To the extent possible, the review conducted pursuant to section 321-472 shall commence no later than one year following the death, near-death, or suicide."

     SECTION 3.  Section 321-475, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321‑475[]]  Use of domestic violence fatality review information and records.  (a)  Except as otherwise provided in this part, all information and records acquired by the department during its review of domestic violence fatalities pursuant to this part are confidential and shall only be disclosed as necessary to carry out the purposes of this part.

     (b)  Domestic violence fatality review information and statistical compilations of data that do not contain any information not previously publicly disclosed that would permit the identification of any person, shall be public records.

     (c)  An individual participating in the domestic violence fatality review of a victim's death shall not be questioned in any civil or criminal proceeding regarding information presented in or an opinion formed as a result of a domestic violence fatality review meeting.  Nothing in this section shall be construed to prevent an individual from testifying to information obtained independently of the domestic violence fatality review of a victim's death, or which is public information, or where law or court order requires disclosure.

     (d)  Domestic violence fatality review information held by the department as a result of domestic violence fatality reviews conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that domestic violence fatality review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.

     (e)  Information collected and recommendations derived from the review process shall be compiled for use in system reform efforts relating to the reduction of preventable deaths, near-deaths, and suicides resulting from domestic violence."

PART II

     SECTION 4.  This part shall be known and may be cited as the "Address Confidentiality Program Act".

     The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual offenses, or stalking frequently move to a new address to prevent being found by an assailant or potential assailant.  However, this new address, is only useful for this purpose if an assailant or potential assailant does not discover it.  Therefore, to help victims of domestic violence, sexual offenses, or stalking, it is the intent of the legislature to establish an address confidentiality program, whereby the confidentiality of a victim's address may be maintained through, among other things, the use of a substitute address for purposes of public records and confidential mail forwarding.

     An address confidentiality program provides victims with a substitute legal address to use in place of their physical address to be used whenever an address is required for public records, such as voter or driver's license registries.  Mail is received at the substitute address and forwarded to the victim's true address.  State and local government agencies will be able to use program participants' substitute addresses whenever possible and have access to participants' actual addresses, when appropriate, through a mail forwarding system for program participants.

     The purpose of this part is to develop an address confidentiality program to assist victims of domestic violence, sexual offenses, or stalking to relocate and keep their relocation addresses confidential.

     SECTION 5.  Chapter 351, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Address confidentiality program

     §351-A  Definitions. As used in this part:

     "Actual address" means a residential, work, or school address as specified on an individual's application to be a program participant under this part, and includes the individual's county of residence and voting precinct.

     "Address confidentiality program" or "program" means the program created under this part to protect the confidentiality of the actual address of a relocated victim of domestic violence, a sexual offense, or stalking.

     "Applicant" means an individual identified as such in an application received by the program.

     "Domestic violence" means an act described in section 586-1.

     "Person" means any individual, corporation, limited liability company, partnership, trust, estate, or other association of any state, the United States, or any subdivision thereof.

     "Program director" means the director of the address confidentiality program.

     "Program participant" or "participant" means an individual accepted into the address confidentiality program in accordance with this part.

     "Public record" means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government agency.

     "Sexual offense" means any offense under part V of chapter 707.

     "Stalking" means an act of harassment as described in section 711-1106.

     "State or local government agency" or "agency" means every elected or appointed state or local public office, public officer, or official; board, commission, bureau, committee, council, department, authority, agency, institution of higher education, or other unit of the executive, legislative, or judicial branch of the state; or any city, county, city and county, town, special district, school district, local improvement district, or any other kind of municipal, quasi-municipal, or public corporation.

     "Substitute address" means an address designated under the address confidentiality program that is used instead of a program participant's actual address as set forth in this part.

     "Victim advocate or victim service provider" means any professional who is trained to support victims of crime including domestic violence, sexual offenses, or stalking.

     §351-B  Address confidentiality program; creation; substitute address; application assistance centers.  (a)  There is created within the crime victim compensation commission the address confidentiality program to keep the actual address of a relocated victim of domestic violence, a sexual offense, or stalking confidential and prevent the victim's assailants or potential assailants from finding the victim through public records.  The program shall:

     (1)  Designate a substitute address for each program participant that shall be used by state and local government agencies as specified in this part; and

     (2)  Receive mail sent to each program participants at the substitute address and forward the mail to the participant as set forth in subsection (b).

     (b)  The program shall receive first-class, certified, or registered mail on behalf of program participants and shall forward the mail to participants at no charge to the participant.  The program may provide for signature on behalf of a participant for purposes of receiving certified or registered mail.  The program director of the program director's designee may arrange to receive and forward other classes or kinds of mail at the participant's expense.  The program shall not be required to track or otherwise maintain records of any mail except certified or registered mail received on behalf of a participant.

     (c)  Notwithstanding any provision of law to the contrary, service on a program participant by registered mail or certified mail, return receipt requested, addressed to the participant at the participant's substitute address may be effective for any process, notice, or demand required or permitted by law to be served on the program participant.  Service is perfected under this subsection when the program participant receives the process, notice, or demand or five days after the date shown on the return receipt if signed on behalf of the program participant, whichever occurs first.  Notwithstanding the availability of service under this subsection, service of process, notice, or demand upon a participant in the State may be effected as otherwise provided by law.

     Whenever the laws of the State provide a program participant a legal right to act within a prescribed period that is ten days or less after the service of process, notice, or demand upon the participant and the process, notice, or demand is served upon the participant by mail pursuant to this subsection or by first-class mail as otherwise authorized by law, five days shall be added to the prescribed period.

     (d)  The program director or designee may designate as an application assistant any person who completes a training and registration process required by the program director.

     (e)  Assistance to an applicant pursuant to this part shall in no way be construed as legal advice.

     §351-C  Filing and certification of applications; authorization card.  (a)  Beginning on July 1, 2015, upon the recommendation of a qualifying victim advocate or victim service provider, the following persons may apply to participate in the address confidentiality program:

     (1)  An adult individual;

     (2)  A parent or guardian acting on behalf of a minor who resides with the parent or guardian; or

     (3)  A guardian acting on behalf of an incapacitated individual.

     (b)  A victim advocate or victim service provider shall assist the individual in the preparation of the application.  The application shall be dated, signed, and verified by the applicant and shall be signed and dated by the victim advocate or victim service provider who assisted in the preparation of the application.  The signature of the victim advocate or victim service provider shall serve as the recommendation of that person that the applicant have an address designated by the program to serve as the substitute address of the applicant.  A minor or incapacitated individual on whose behalf a parent or guardian completes an application pursuant to subsection (a)(2) or (3) shall be considered the applicant, but any statements that are required to be made by the applicant shall be made by the parent or guardian acting on behalf of the minor or incapacitated individual.

     (c)  The application shall be on a form prescribed by the program director and shall contain all of the following:

     (1)  The applicant's name;

     (2)  A statement by the applicant that the applicant is a victim of domestic violence, a sexual offense, or stalking and that the applicant fears for the applicant's safety;

     (3)  Evidence that the applicant is a victim of domestic violence, a sexual offense, or stalking, including any of the following:

         (A)  Records or files of a law enforcement agency, court, non-profit organization, or other federal, state, or local government agency;

         (B)  Documentation from a domestic violence program, agency, or facility, including but not limited to a shelter or safe house; or

         (C)  Documentation from a sexual assault program;

     (4)  A statement by the applicant that disclosure of the applicant's actual address would endanger the applicant's safety;

     (5)  A statement by the applicant that the applicant has confidentially relocated in the past ninety days or will confidentially relocate within the state;

     (6)  A designation of the program director or program as an agent for the applicant for purposes of receiving certain mail;

     (7)  The mailing address and telephone number where the applicant can be contacted by the program;

     (8)  The applicant's actual address;

     (9)  A statement as to whether there is any existing court order or court action involving the applicant or an individual identified in paragraph (10) related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, including the court that issued the order or has jurisdiction over the action;

    (10)  The name of any person who resides with the applicant who shall be included as a program participant to ensure the safety of the applicant and, if the person named is eighteen years of age or older, the consent of that person to be a program participant; or

    (11)  A sworn statement by the applicant, under the penalty of perjury, that to the best of the applicant's knowledge, the information contained in the application is true.

     (d)  Upon determining that an application has been properly completed, the program shall certify the applicant and any person who is identified in subsection (c)(10) as a program participant.  Upon certification, the program shall issue to the participant an address confidentiality program authorization card, which shall include the participant's substitute address. The card shall remain valid for as long as the participant remains certified under the program.

     (e)  Program participants shall be certified for four years following the date of certification unless the certification is withdrawn or canceled.  A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary public with the program.  A certification may be renewed by filing a renewal application with the program at least thirty days prior to the expiration of the current certification. The renewal application shall be dated, signed, and verified by the applicant. The renewal application shall contain:

     (1)  Any statement or information that is required by subsection (c) that has changed from the most recent prior application or renewal application; and

     (2)  A sworn statement by the applicant, under the penalty of perjury, that to the best of the applicant's knowledge, the information contained in the renewal application and all prior applications is true.

     §351-D  Change of name, address, or telephone number.  (a) A program participant shall notify the program within thirty days after the participant has obtained a legal name change by providing a certified copy of any judgment or order evidencing the change or any other documentation the program director deems to be sufficient evidence of the name change.

     (b)  A program participant shall notify the program of a change in contact address or telephone number or actual address from those listed on the most recent application or renewal application pursuant to section 351-C(c)(7) and (8) no later than seven days after the change occurs.

     §351-E  Certification cancellation; records.  (a)  The certification of a program participant shall be canceled under any of the following circumstances:

     (1)  The program participant files a request for withdrawal of the certification pursuant to section 351-C(e);

     (2)  The program participant fails to notify the program of a change in the participant's name, address, or telephone number as required by section 351-D;

     (3)  The program participant or applicant knowingly submits false information in the program application; or

     (4)  Mail forwarded to the program participant by the program is returned as undeliverable.

     (b)  If the program determines that there is one or more grounds for cancelling certification of a program participant pursuant to subsection (a), the program director shall send notice of cancellation to the program participant.  Notice of cancellation shall set out the reasons for cancellation.  The participant shall have thirty days to appeal the cancellation decision under procedures developed by the program director pursuant to chapter 91.

     (c)  An individual who ceases to be a program participant is responsible for notifying persons who use the substitute address that the designated substitute address is no longer valid.

     §351-F  Address use by state or local government agencies.  (a)  The program participant is responsible for requesting that a state or local government agency use the participant's substitute address as the participant's residential, work, or school address for all purposes for which the agency requires or requests the address.

     (b)  Except as otherwise provided in this section or unless the program grants a state or local government agency's request for disclosure pursuant to section 351-H, when a program participant submits a current and valid address confidentiality program authorization card to the agency, the agency shall accept the substitute address on the card as the participant's address to be used as the participant's residential, work, or school address when creating a new public record.  The substitute address given to the agency shall be the last known address for the participant used by the agency until such time that the agency receives notification pursuant to section 351‑E(c).  The agency may make a photocopy of the card for the records of the agency and thereafter shall immediately return the card to the program participant.

     (c)  The chief election officer or county clerk shall use the actual address of a program participant for precinct designation and all official election-related purposes and shall keep the participant's actual address confidential.  The chief election officer or county clerk shall use the substitute address for all correspondence and mailings placed in the United States mail.  The substitute address shall not be used as an address for voter registration.

     A state or local government agency's access to a program participant's voter registration information shall be governed by the disclosure process set forth in section 351-H.

     This subsection shall apply only to a program participant who submits a current and valid address confidentiality program authorization card when registering to vote or updating voter registration information.

     (d)  A program participant who completes an application to register to vote at a driver's license examination facility while receiving a driver's license or an identification card shall be required to have the participant's actual address on the driver's license or identification card.

     (e)  The substitute address shall not be used for purposes of listing, appraising, assessing, or collecting property taxes.

     (f)  Whenever a program participant is required by law to swear or affirm to the participant's address, the participant may use the participant's substitute address.

     (g)  The substitute address shall not be used for purposes of assessing any taxes or fees on a motor vehicle or for titling or registering a motor vehicle.  Notwithstanding any law to the contrary, any record that includes a program participant's actual address pursuant to this subsection shall be confidential and not available for inspection by anyone other than the program participant.

     (h)  The substitute address shall not be used on any document related to real property recorded with a county clerk and recorder.

     (i)  A school district shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the program.  The program shall facilitate the transfer of student records from one school to another.

     (j)  Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by a state or local government agency or disclosed pursuant to section 351-H is not a public record that is subject to inspection.

     This subsection shall not apply to:

     (1)  Any public record created more than ninety days prior to the date that the program participant applied to be certified in the program; or

     (2)  Any public record for which a program participant voluntarily requests that a state or local government agency use the participant's actual address or voluntarily provides the actual address.

     (k)  For any public record created within ninety days prior to the date that a program participant applied to be certified in the program, a state or local government agency shall redact the actual address or change the actual address to the substitute address upon request by the participant and presentation of a current and valid program authorization card.

     §351-G  Disclosure of actual address prohibited.  (a)  The program is prohibited from disclosing any address or telephone number of a program participant other than the substitute address except under the following circumstances:

     (1)  The information is required by a court order; provided that any person to whom a program participant's address or telephone number has been disclosed shall not disclose the address or telephone number to any other person unless ordered or permitted to do so by the court;

     (2)  An agency request granted pursuant to section 351-H; or

     (3)  The program participant is required to disclose the participant's actual address as part of a registration required by chapter 846E.

     The program shall provide immediate notification of disclosure to a program participant when disclosure is made pursuant to paragraph (1) or (2).

     (b)  If, at the time of certification as a program participant under section 351-C, an applicant or an individual designated in section 351-C(c)(10) is involved in a judicial proceeding or is subject to a court order related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time, the program shall notify the court that has jurisdiction over the proceeding or issued the order of the program participant's certification in the address confidentiality program and the substitute address.  (c)  No person shall knowingly and intentionally obtain a program participant's actual address or telephone number from the program or any agency if the person is not authorized to obtain the information.

     (d)  No personnel of the program or of any agency shall knowingly and intentionally disclose a program participant's actual address or telephone number unless the disclosure is required by or permissible by law.  This subsection shall only apply to a participant's actual address or telephone number obtained during the course of official duties and for which, at the time of disclosure, the person has specific knowledge that the actual address or telephone number disclosed belongs to a participant.

     (e)  Any person who knowingly and intentionally obtains or discloses information in violation of this part shall be guilty of a misdemeanor.

     §351-H  Request for disclosure.  (a)  A state or local government agency requesting disclosure of a program participant's actual address pursuant to this section shall make a request in writing to the program on agency letterhead and shall provide the following information:

     (1)  The name of the program participant whose actual address the agency seeks;

     (2)  A statement, with explanation, setting forth the reason or reasons that the agency needs the program participant's actual address and a statement that the agency cannot meet its statutory or administrative obligations without disclosure of the participant's actual address;

     (3)  A particular statement of facts showing that other methods to locate the program participant or the participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed;

     (4)  A statement that the agency has adopted a procedure setting forth the steps the agency will take to protect the confidentiality of the program participant's actual address; and

     (5)  Any other information that the program may reasonably request in order to identify the program participant in the program's records.

     (b)  The program shall provide the program participant with notice of any request for disclosure received pursuant to this section, and, to the extent possible, the participant shall be afforded an opportunity to be heard regarding the request.

     Except as otherwise provided, the program shall provide the program participant with written notification whenever a request for a disclosure has been granted or denied pursuant to this section.

     No notice or opportunity to be heard shall be given to the program participant when the request for disclosure is made by a state or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the participant or when providing notice to the participant would jeopardize an ongoing criminal investigation or the safety of law enforcement personnel.

     (c)  The program shall promptly conduct a review of all requests received pursuant to this section. In conducting a review, the program shall consider all information received pursuant to subsections (a) and (b) and any other appropriate information that the program may require.

     (d)  The program shall grant a state or local government agency's request for disclosure and disclose a program participant's actual address pursuant to this section if:

     (1)  The agency has a bona fide statutory or administrative need for the actual address;

     (2)  The actual address will only be used for the purpose stated in the request;

     (3)  Other methods to locate the program participant or the participant's actual address have been tried and have failed or such methods reasonably appear to be unlikely to succeed; and

     (4)  The agency has adopted a procedure for protecting the confidentiality of the actual address of the program participant.

     (e)  Upon granting a request for disclosure pursuant to this section, the program shall provide the state or local government agency with:

     (1)  The program participant's actual address;

     (2)  A statement setting forth the permitted use of the actual address and the names or classes of persons permitted to have access to and use of the actual address;

     (3)  A statement that the agency is required to limit access to and use of the actual address to the permitted use and persons set forth in the disclosure; and

     (4)  The date on which the permitted use expires, if expiration is appropriate, after which the agency may no longer maintain, use, or have access to the actual address.

     (f)  A state or local government agency whose request is granted pursuant to this section shall:

     (1)  Limit the use of the program participant's actual address to the purposes set forth in the disclosure;

     (2)  Limit the access to the program participant's actual address to the persons or classes of persons set forth in the disclosure;

     (3)  Cease to use and dispose of the program participant's actual address upon the expiration of the permitted use, if applicable; and

     (4)  Except as otherwise set forth in the disclosure, maintain the confidentiality of a program participant's actual address.

     (g)  Upon denial of a state or local government agency's request for disclosure, the program shall provide prompt written notification to the agency stating that the agency's request has been denied and setting forth the specific reasons for the denial.

     (h)  A state or local government agency may file written exceptions with the program no more than fifteen days after written notification of denial is provided pursuant to subsection (g).  The exceptions shall restate the information contained in the request for disclosure, state the grounds upon which the agency asserts that the request for disclosure should be granted, and specifically respond to the specific reasons for denial.

     (i)  Unless the state or local government agency filing exceptions agrees otherwise, the program shall make a final determination regarding the exceptions within thirty days after the filing of exceptions pursuant to subsection (h).  Prior to making a final determination regarding the exceptions, the program may request additional information from the agency or the program participant and conduct a hearing.  If the final determination of the program director or the program director's designee is that the denial of the agency's request for disclosure was properly denied, the program shall provide the agency with written notification of this final determination stating that the agency's request has again been denied and setting forth the specific reasons for the denial.  If the final determination is that the agency's request for disclosure was improper, the program shall grant the agency's request for disclosure in accordance with this section.  The final determination of the program director or program director's designee shall constitute final agency action subject to review pursuant to chapter 91.

     (j)  The record before any judicial review of a final agency action pursuant to subsection (i) shall consist of the state or local government agency's request for disclosure, the program's written response, the agency's exceptions, the hearing transcript, if any, and the program director's or program director's designee's final determination.

     (k)  During any period of review, evaluation, or appeal, the agency shall, to the extent possible, accept and use the program participant's substitute address.

     (l)  Notwithstanding any other provision of this section, the program shall establish an expedited process for disclosure to be used by a criminal justice official or agency for situations where disclosure is required pursuant to a criminal trial, hearing, proceeding, or investigation involving a program participant.  An official or agency receiving information pursuant to this subsection shall certify to the program that the official or agency has a system in place to protect the confidentiality of a participant's actual address from the public and from personnel who are not involved in the trial, hearing, proceeding, or investigation.

     (m)  Nothing in this section shall be construed to prevent the program from granting a request for disclosure to a state or local government agency received pursuant to this section upon receipt of the program participant's written consent to do so.

     §351-I  Nondisclosure of address in criminal and civil proceedings.  No person shall be compelled to disclose a program participant's actual address during the discovery phase of or during a proceeding before a court unless the court finds, based upon a preponderance of the evidence, that the disclosure is required in the interests of justice.  A court may seal the portion of any record that contains a program participant's actual address. Nothing in this section shall prevent a state or local government agency, in its discretion, from using a program participant's actual address in any document or record filed with a court if, at the time of filing, the document or record is not a public record.

     §351-J  Participation in the program; orders relating to allocation of parental responsibilities or parenting time.  (a)  Nothing in this part, nor the fact of a person's participation in the program, shall affect an order relating to the allocation of parental responsibilities or parenting time in effect prior to or during program participation.

     (b)  Program participation, by itself, shall not constitute evidence of domestic violence, a sexual offense, or stalking and shall not be considered for purposes of a court order allocating parental responsibilities or parenting time; provided that that a court may consider practical measures to keep a program participant's actual address confidential when issuing an order allocating parental responsibilities or parenting time.

     §351-K  Rule-making authority.  The commission shall adopt rules pursuant to chapter 91 as necessary to carry out the provisions of this part.

     §351-L  Surcharge; collection and distribution; address confidentiality program surcharge fund; definitions.  (a)  On and after July 1, 2015, each person who is convicted of the crimes set forth in subsection (b) of this section shall be required to pay a surcharge of $28 to the clerk of the court for the judicial district in which the conviction occurs.

     (b)  The following crimes shall be subject to the surcharge set forth in subsection (a) of this section:

     (1)  Stalking;

     (2)  A crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence;

     (3)  Sexual offenses; or

     (4)  Criminal attempt, conspiracy, or solicitation to commit the crimes set forth in paragraphs (1),(2), and (3).

     (c)  The clerk of the court shall allocate the surcharge required by this section as follows:

     (1)  Five per cent shall be retained by the clerk of the court for administrative costs incurred pursuant to this section.  Such amount retained shall be transmitted to the state treasurer for deposit in the crime victim compensation special fund; and

     (2)  Ninety-five per cent shall be transferred to the state treasury to be credited to the address confidentiality program surcharge fund established pursuant to subsection (d).

     (d)  There is created in the state treasury the address confidentiality program surcharge fund, which shall consist of moneys received pursuant to this section, any gifts, grants, or donations received by the program for the fund pursuant to subsection (f) of this section.  The moneys in the fund shall be subject to annual appropriation for the purpose of paying for the administration costs incurred by the program.  All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.  Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.

     (e)  The court may waive all or any portion of the surcharge required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge.  The court may waive only that portion of the surcharge that the court finds that the person is financially unable to pay.

     (f)  The program is authorized to seek, accept, and expend gifts, grants, and donations from private or public sources for the implementation of the program.  All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasury to be credited to the fund.

     (g)  As used in this section, "convicted" and "conviction" mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court."

PART III

     SECTION 6.  In codifying the new sections added by section 5 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2050.



 

Report Title:

Women's Legislative Caucus Package; Domestic Violence Fatality Reviews; Department of Health; Address Confidentiality Program; Address Confidentiality Program Surcharge Fund; Crime Victim Compensation Commission

 

Description:

Requires the Department of Health (DOH) to conduct reviews of domestic violence fatalities, near-deaths, and suicides.  Authorizes DOH to enter into memoranda of understanding to obtain information relating to near-deaths resulting from intimate partner violence.  Establishes the address confidentiality program to help victims of domestic violence and sexual assault relocate and keep their addresses confidential.  Creates the address confidentiality program surcharge fund.  Effective 7/1/2050.  (HB448 SD1 Proposed)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.