750 ILCS 61/ Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

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750 ILCS 61/1

(750 ILCS 61/1)

Sec. 1. Short title. This Act may be cited as the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/5

(750 ILCS 61/5)

Sec. 5. Legislative findings.

The General Assembly finds that persons attempting to escape from actual or
threatened domestic violence, sexual assault, human trafficking, or stalking frequently establish new addresses in order to
prevent their assailants or probable assailants from finding them. The
purpose of this Act is to enable State and local agencies to respond to
requests for public records without disclosing the location of a victim of
domestic violence, sexual assault, human trafficking, or stalking, to enable interagency cooperation with the Attorney
General in providing address confidentiality for victims of domestic
violence, sexual assault, human trafficking, or stalking, and to enable State and local agencies to accept a program
participant's use of an address designated by the Attorney General as a
substitute mailing address.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/10

(750 ILCS 61/10)

Sec. 10. Definitions.

In this Act, unless the context otherwise
requires:

"Address" means a residential street address, school address, or
work address of an individual, as specified on the individual's application
to be a program participant under this Act.

"Program participant" means a person certified as a program
participant under this Act.

"Domestic violence" has the same meaning as in the Illinois Domestic Violence
Act of 1986 and
includes a threat of domestic violence against an individual in a
domestic situation, regardless of whether the domestic violence or threat has
been
reported to law enforcement officers.

"Human trafficking" means the practices set forth in subsection (b), (c), or (d) of Section 10-9 of the Criminal Code of 2012, regardless of whether the victim has reported the trafficking to law enforcement officers.

"Sexual assault" has the same meaning as sexual conduct or sexual penetration as defined in the Civil No Contact Order Act. "Sexual assault" includes a threat of sexual assault, regardless of whether the sexual assault or threat has been reported to law enforcement officers.

"Stalking" has the same meaning as in the Stalking No Contact Order Act. "Stalking" includes a threat of stalking, regardless of whether the stalking or threat has been reported to law enforcement officers.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/11

(750 ILCS 61/11)

Sec. 11. Address confidentiality program; administration.

Subject to
appropriations for the purposes of this Act, the Attorney General shall
administer an address confidentiality program for victims of domestic violence, sexual assault, human trafficking, or stalking.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/15

(750 ILCS 61/15)

Sec. 15.

Address confidentiality
program; application; certification.

(a) An adult person, a parent or guardian acting on behalf of a
minor, or a guardian acting on behalf of a person with a disability, as
defined in Article 11a of the Probate Act of 1975, may apply to the Attorney
General to have an
address designated by the Attorney General serve as the person's address
or the address of the minor or person with a disability. The Attorney General
shall approve an application if it is filed in the manner and on the form
prescribed by him or her and if it contains:

(1) a sworn statement by the applicant that the

applicant has good reason to believe (i) that the applicant, or the minor or person with a disability on whose behalf the application is made, is a victim of domestic violence, sexual assault, human trafficking, or stalking; and (ii) that the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or person with a disability on whose behalf the application is made;

(2) a designation of the Attorney General as agent

for purposes of service of process and receipt of mail;

(3) a State 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;

(3.5) proof of a State residential street address

where the applicant resides or a signed statement affirming the applicant's status as homeless in this State;

(4) the new address or addresses that the applicant

requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, human trafficking, or stalking; and

(5) the signature of the applicant and of any

individual or representative of any office designated in writing under Section 40 of this Act who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Attorney General.

(c) Upon filing a properly completed application, the Attorney General shall
certify the applicant as a program participant. Applicants
shall be certified for 4 years following the date of filing unless the
certification is withdrawn or invalidated before that date. The Attorney
General shall by rule establish a renewal procedure.

(d) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or the
safety of the applicant's children 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, is guilty of a Class 3
felony.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/20

(750 ILCS 61/20)

Sec. 20.

Certification cancellation.

(a) If the program participant obtains a name change, he or she
loses certification as a program participant.

(b) The Attorney General may cancel a program participant's
certification if there is a change in the residential address from the one
listed on the application, unless the program participant provides the
Attorney General within 7 days notice before the change of address.

(c) The Attorney General may cancel certification of a program
participant if mail forwarded by the Attorney General to the program
participant's
address is returned as nondeliverable.

(d) The Attorney General shall cancel certification of a program
participant who applies using false information.

(Source: P.A. 91-494, eff. 1-1-00.)

750 ILCS 61/25

(750 ILCS 61/25)

Sec. 25.

Agency use of designated address.

(a) A program participant may request that State and local agencies
use the address designated by the Attorney General as his or her address.
When creating a new public record, State and local agencies shall accept
the address designated by the Attorney General as a program participant's
substitute address, unless the Attorney General has determined that:

(1) the agency has a bona fide statutory or

administrative requirement for the use of the address that would otherwise be confidential under this Act; and

(2) this address will be used only for those

statutory and administrative purposes.

(b) A program participant may use the address designated by the
Attorney General as his or her work address.

(c) The office of the Attorney General shall forward all first
class mail to the appropriate program participants.

(Source: P.A. 91-494, eff. 1-1-00.)

750 ILCS 61/30

(750 ILCS 61/30)

Sec. 30.

Voting by program participant; use of designated
address by election authority.

(a) A program participant who is otherwise qualified to vote may
register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority.
The State Board of Elections shall adopt rules to ensure the integrity of the voting
process and the confidentiality of the program participant.
Upon request, the election authority shall transmit the vote by mail ballot to
the program participant at the address designated by the participant in his
or her application. Neither the name nor the address of
a program participant shall be included in any list of registered voters
available to the public.

(b) The election authority may not make the participant's address
contained in voter registration records available for public inspection or
copying except under the following circumstances:

(1) if requested by a law enforcement agency, to the

law enforcement agency; and

(2) if directed by a court order, to a person

identified in the order.

(Source: P.A. 102-292, eff. 1-1-22.)

750 ILCS 61/35

(750 ILCS 61/35)

Sec. 35. Disclosure of address prohibited; exceptions.

The Attorney General may not make a program participant's address, other
than the address designated by the Attorney General, available for
inspection or copying, except under the following circumstances:

(a) if requested by a law enforcement agency, to the

law enforcement agency;

(b) if directed by a court order, to a person

identified in the order; and

(c) (blank).

A program participant's address and phone number on file with the Attorney General are not subject to disclosure under the Freedom of Information Act.

(Source: P.A. 102-292, eff. 1-1-22.)

750 ILCS 61/40

(750 ILCS 61/40)

Sec. 40. Assistance for program applicants.

The Attorney General shall designate State and local agencies and
nonprofit agencies that provide counseling and shelter services to victims
of domestic violence, sexual assault, human trafficking, or stalking to assist persons applying to be program participants.
Any assistance and counseling rendered by the office of the Attorney General or
its designees to applicants shall in no way be construed as legal
advice.

(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

750 ILCS 61/45

(750 ILCS 61/45)

Sec. 45.

Rules.

The Attorney General may adopt rules to facilitate the
administration of
this Act by State and local agencies.

(Source: P.A. 91-494, eff. 1-1-00.)

750 ILCS 61/100

(750 ILCS 61/100)

Sec. 100.

(Amendatory provisions; text omitted).

(Source: P.A. 91-494, eff. 1-1-00; text omitted.)