§ 42-164-1. Short title. [Effective January 1, 2023.] This chapter shall be known and may be cited as the “Address Confidentiality Program Act.” History of Section.P.L. 2022, ch. 190, § 1, effective January 1, 2023; P.L. 2022, ch. 191, § 1, effective January 1, 2023.
§ 42-164-10. Civil liability for knowing and intentional disclosure. [Effective January 1, 2023.] No person shall knowingly and intentionally obtain or disclose a program participant’s actual address knowing that they were not authorized to do so. A person who violates this section shall be assessed a civil penalty of not more than five thousand dollars […]
§ 42-164-11. Good faith handling of mail — Protection from civil liability. [Effective January 1, 2023.] The secretary of state or any member of the department of state who reasonably and in good faith handles any process or mail on behalf of a participant in accordance with this chapter shall be immune from any civil […]
§ 42-164-12. Severability. [Effective January 1, 2023.] If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of […]
§ 42-164-2. Definitions. [Effective January 1, 2023.] As used in this chapter: (1) “Abuse” means an act or failure to act that presents an imminent risk of serious harm to an individual and, for purposes of this chapter includes, but is not limited to, any of the following crimes, regardless of whether these acts or […]
§ 42-164-3. Address confidentiality program. [Effective January 1, 2023.] (a) Pursuant to the provisions of subsection (b) of this section, a person may apply to the secretary of state to have an address designated by the secretary to serve as the person’s substitute address. Upon receipt by the secretary of a mail or process for […]
§ 42-164-4. Certification cancellation. [Effective January 1, 2023.] (a) The secretary shall cancel certification of a program participant who applies using false information. (b) The secretary of state may cancel a program participant’s certification for any of the following reasons: (1) The program participant does not notify the secretary that he or she has obtained […]
§ 42-164-5. Agency acceptance of designated address — Waiver. [Effective January 1, 2023.] (a) A program participant may request that state and local agencies use the substitute address. When creating, modifying, or maintaining a public record, state and local agencies shall accept the substitute address when the program participant provides documentation of certification in the […]
§ 42-164-6. Disclosure of address prohibited — Exceptions. [Effective January 1, 2023.] (a) The secretary of state may not make a program participant’s address, other than substitute address, available for inspection or copying, except under the following circumstances: (1) If requested by a law enforcement agency for a law enforcement purpose with an accompanying warrant; […]
§ 42-164-7. Nondisclosure of address in criminal and civil proceedings. [Effective January 1, 2023.] 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 of competent jurisdiction or administrative tribunal unless the court or administrative tribunal finds, based upon a preponderance […]
§ 42-164-8. Assistance for program applicants. [Effective January 1, 2023.] The secretary of state shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence or abuse to assist persons applying to be program participants. Any assistance and counseling rendered by the secretary of state or […]
§ 42-164-9. Adoption of rules. [Effective January 1, 2023.] The secretary of state shall adopt regulations to facilitate the administration of this chapter pursuant to the rulemaking provisions of chapter 35 of title 42 (administrative procedures). The rules shall include, at a minimum, procedures for renewing participation in the program every five (5) years, procedures […]
