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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 28A. Address Confidentiality Program

§48-28A-101. Purpose

The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, or stalking frequently find it necessary to establish a new address in order to prevent their assailants or probable assailants from finding them. The purpose of this article is to enable state and local agencies to respond to requests […]

§48-28A-102. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. (1) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic abuse, rape, sexual assault or stalking, and who […]

§48-28A-103. Address Confidentiality Program

(a) On or after the effective date of the enactment of this article, the Secretary of State shall create an Address Confidentiality Program to be staffed by full time employees who have been subjected to a criminal history records search. (b) Upon recommendation of an application assistant, an adult person, a parent or guardian acting […]

§48-28A-104. Cancellation

Certification for the program may be canceled if one or more of the following conditions apply: (1) If the program participant obtains a name change, unless the program participant provides the Secretary of State with documentation of a legal name change within ten business days of the name change;

§48-28A-105. Use of Designated Address

(a) Upon demonstration of a program participant's certification in the program, state and local agencies and the courts of this state shall accept the designated address as a program participant's address for the purposes of creating a new public record unless the Secretary of State has determined that: (1) The agency or court has a […]

§48-28A-106. Disclosure to Law Enforcement and State Agencies

(a) The Secretary of State may make a program participant's residential or mailing address available for inspection or copying, under the following circumstances: (1) Upon request of a law enforcement agency in the manner provided for by rule; or

§48-28A-107. Disclosure Pursuant to Court Order or Canceled Certification

(a) The Secretary of State shall make a program participant's residential or mailing address or both addresses available for inspection or copying to a person identified in a court order, upon receipt of a certified court order that specifically requires the disclosure of a particular program participant's residential or mailing address or both addresses and […]

§48-28A-108. Confidentiality

A program participant's application and supporting materials are not a public record and shall be kept confidential by the Secretary of State. Any employee of any agency or court who willfully breaches the confidentiality of these records or willfully discloses the name, residential or mailing address both addresses of a program participant in violation of […]

§48-28A-110. Rules

The Secretary of State is hereby directed to propose legislative rules and emergency rules implementing the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.