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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1188
LRB9103610MWpr
1 AN ACT to create the Address Confidentiality for Victims
2 of Domestic Violence Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Address Confidentiality for Victims of Domestic Violence Act.
7 Section 5. Legislative findings. The General Assembly
8 finds that persons attempting to escape from actual or
9 threatened domestic violence frequently establish new
10 addresses in order to prevent their assailants or probable
11 assailants from finding them. The purpose of this Act is to
12 enable State and local agencies to respond to requests for
13 public records without disclosing the location of a victim of
14 domestic violence, to enable interagency cooperation with the
15 Attorney General in providing address confidentiality for
16 victims of domestic violence, and to enable State and local
17 agencies to accept a program participant's use of an address
18 designated by the Attorney General as a substitute mailing
19 address.
20 Section 10. Definitions. In this Act, unless the
21 context otherwise requires:
22 "Address" means a residential street address, school
23 address, or work address of an individual, as specified on
24 the individual's application to be a program participant
25 under this Act.
26 "Program participant" means a person certified as a
27 program participant under this Act.
28 "Domestic violence" has the same meaning as in the
29 Illinois Domestic Violence Act of 1986 and includes a threat
30 of domestic violence against an individual in a domestic
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1 situation, regardless of whether the domestic violence or
2 threat has been reported to law enforcement officers.
3 Section 15. Address confidentiality program;
4 application; certification.
5 (a) An adult person, a parent or guardian acting on
6 behalf of a minor, or a guardian acting on behalf of a
7 disabled person, as defined in Article 11a of the Probate Act
8 of 1975, may apply to the Attorney General to have an address
9 designated by the Attorney General serve as the person's
10 address or the address of the minor or disabled person. The
11 Attorney General shall approve an application if it is filed
12 in the manner and on the form prescribed by him or her and if
13 it contains:
14 (1) a sworn statement by the applicant that the
15 applicant has good reason to believe (i) that the
16 applicant, or the minor or disabled person on whose
17 behalf the application is made, is a victim of domestic
18 violence; and (ii) that the applicant fears for his or
19 her safety or his or her children's safety, or the safety
20 of the minor or disabled person on whose behalf the
21 application is made;
22 (2) a designation of the Attorney General as agent
23 for purposes of service of process and receipt of mail;
24 (3) the mailing address where the applicant can be
25 contacted by the Attorney General, and the phone number
26 or numbers where the applicant can be called by the
27 Attorney General;
28 (4) the new address or addresses that the applicant
29 requests not be disclosed for the reason that disclosure
30 will increase the risk of domestic violence; and
31 (5) the signature of the applicant and of any
32 individual or representative of any office designated in
33 writing under Section 40 of this Act who assisted in the
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1 preparation of the application, and the date on which the
2 applicant signed the application.
3 (b) Applications shall be filed with the office of the
4 Attorney General.
5 (c) Upon filing a properly completed application, the
6 Attorney General shall certify the applicant as a program
7 participant. Applicants shall be certified for 4 years
8 following the date of filing unless the certification is
9 withdrawn or invalidated before that date. The Attorney
10 General shall by rule establish a renewal procedure.
11 (d) A person who falsely attests in an application that
12 disclosure of the applicant's address would endanger the
13 applicant's safety or the safety of the applicant's children
14 or the minor or incapacitated person on whose behalf the
15 application is made, or who knowingly provides false or
16 incorrect information upon making an application, is guilty
17 of a Class 3 felony.
18 Section 20. Certification cancellation.
19 (a) If the program participant obtains a name change, he
20 or she loses certification as a program participant.
21 (b) The Attorney General may cancel a program
22 participant's certification if there is a change in the
23 residential address from the one listed on the application,
24 unless the program participant provides the Attorney General
25 within 7 days notice before the change of address.
26 (c) The Attorney General may cancel certification of a
27 program participant if mail forwarded by the Attorney General
28 to the program participant's address is returned as
29 nondeliverable.
30 (d) The Attorney General shall cancel certification of a
31 program participant who applies using false information.
32 Section 25. Agency use of designated address.
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1 (a) A program participant may request that State and
2 local agencies use the address designated by the Attorney
3 General as his or her address. When creating a new public
4 record, State and local agencies shall accept the address
5 designated by the Attorney General as a program participant's
6 substitute address, unless the Attorney General has
7 determined that:
8 (1) the agency has a bona fide statutory or
9 administrative requirement for the use of the address
10 that would otherwise be confidential under this Act; and
11 (2) this address will be used only for those
12 statutory and administrative purposes.
13 (b) A program participant may use the address designated
14 by the Attorney General as his or her work address.
15 (c) The office of the Attorney General shall forward all
16 first class mail to the appropriate program participants.
17 Section 30. Voting by program participant; use of
18 designated address by election authority.
19 (a) A program participant who is otherwise qualified to
20 vote may apply to vote under Article 20 of the Election Code.
21 The program participant shall automatically receive absentee
22 ballots for all elections in the jurisdictions for which that
23 individual resides in the same manner as absentee voters who
24 qualify under Article 20 of the Election Code. The Attorney
25 General shall adopt rules to ensure the integrity of the
26 voting process and the confidentiality of the program
27 participant. The election authority shall transmit the
28 absentee ballot to the program participant at the address
29 designated by the participant in his or her application.
30 Neither the name nor the address of a program participant
31 shall be included in any list of registered voters available
32 to the public.
33 (b) The election authority may not make the
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1 participant's address contained in voter registration records
2 available for public inspection or copying except under the
3 following circumstances:
4 (1) if requested by a law enforcement agency, to
5 the law enforcement agency; and
6 (2) if directed by a court order, to a person
7 identified in the order.
8 Section 35. Disclosure of address prohibited;
9 exceptions.
10 The Attorney General may not make a program participant's
11 address, other than the address designated by the Attorney
12 General, available for inspection or copying, except under
13 the following circumstances:
14 (a) if requested by a law enforcement agency, to the law
15 enforcement agency;
16 (b) if directed by a court order, to a person identified
17 in the order; and
18 (c) if certification has been canceled.
19 Section 40. Assistance for program applicants.
20 The Attorney General shall designate State and local
21 agencies and nonprofit agencies that provide counseling and
22 shelter services to victims of domestic violence to assist
23 persons applying to be program participants. Any assistance
24 and counseling rendered by the office of the Attorney General
25 or its designees to applicants shall in no way be construed
26 as legal advice.
27 Section 45. Rules. The Attorney General may adopt rules
28 to facilitate the administration of this Act by State and
29 local agencies.
30 Section 100. The Election Code is amended by changing
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1 Section 20-3 as follows:
2 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
3 Sec. 20-3. The election authority shall furnish the
4 following applications for absentee registration or absentee
5 ballot which shall be considered a method of application in
6 lieu of the official postcard.
7 1. Members of the United States Service, and citizens of
8 the United States temporarily residing outside the
9 territorial limits of the United States, and certified
10 program participants under the Address Confidentiality for
11 Victims of Domestic Violence Act may make application within
12 the periods prescribed in Sections 20-2 or 20-2.1, as the
13 case may be. Such application shall be substantially in the
14 following form:
15 "APPLICATION FOR BALLOT
16 To be voted at the............ election in the precinct
17 in which is located my residence at..............., in the
18 city/village/township of ............(insert home address)
19 County of........... and State of Illinois.
20 I state that I am a citizen of the United States; that on
21 (insert date of election) I shall have resided in the State
22 of Illinois and in the election precinct for 30 days; that
23 on the above date I shall be the age of 18 years or above;
24 that I am lawfully entitled to vote in such precinct at that
25 election; that I am (check category 1, or 2, or 3 below):
26 1. ( ) a member of the United States Service,
27 2. ( ) a citizen of the United States temporarily
28 residing outside the territorial limits of the United States
29 and that I expect to be absent from the said county of my
30 residence on the date of holding such election, and that I
31 will have no opportunity to vote in person on that day.
32 3. ( ) a certified program participant under the
33 Address Confidentiality for Victims of Domestic Violence Act.
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1
2 I hereby make application for an official ballot or
3 ballots to be voted by me at such election if I am absent
4 from the said county of my residence, and I agree that I
5 shall return said ballot or ballots to the election authority
6 prior to the closing of the polls on the date of the election
7 or shall destroy said ballot or ballots.
8 (Check below only if category 2 or 3 and not previously
9 registered)
10 ( ) I hereby make application to become registered as a
11 voter and agree to return the forms and affidavits for
12 registration to the election authority not later than 30 days
13 before the election.
14 Under penalties as provided by law pursuant to Article 29
15 of The Election Code, the undersigned certifies that the
16 statements set forth in this application are true and
17 correct.
18 .........................
19 Post office address or service address to which
20 registration materials or ballot should be mailed
21 .........................
22 .........................
23 .........................
24 ........................"
25 If application is made for a primary election ballot,
26 such application shall designate the name of the political
27 party with which the applicant is affiliated.
28 Such applications may be obtained from the election
29 authority having jurisdiction over the person's precinct of
30 residence.
31 2. A spouse or dependent of a member of the United
32 States Service, said spouse or dependent being a registered
33 voter in the county, may make application on behalf of said
34 person in the office of the election authority within the
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1 periods prescribed in Section 20-2 which shall be
2 substantially in the following form:
3 "APPLICATION FOR BALLOT to be voted at the...........
4 election in the precinct in which is located the residence of
5 the person for whom this application is made
6 at.............(insert residence address) in the
7 city/village/township of......... County of.......... and
8 State of Illinois.
9 I certify that the following named person................
10 (insert name of person) is a member of the United States
11 Service.
12 I state that said person is a citizen of the United
13 States; that on (insert date of election) said person shall
14 have resided in the State of Illinois and in the election
15 precinct for which this application is made for 30 days; that
16 on the above date said person shall be the age of 18 years or
17 above; that said person is lawfully entitled to vote in such
18 precinct at that election; that said person is a member of
19 the United States Service, and that in the course of his
20 duties said person expects to be absent from his county of
21 residence on the date of holding such election, and that said
22 person will have no opportunity to vote in person on that
23 day.
24 I hereby make application for an official ballot or
25 ballots to be voted by said person at such election and said
26 person agrees that he shall return said ballot or ballots to
27 the election authority prior to the closing of the polls on
28 the day of the election, or shall destroy said ballot or
29 ballots.
30 I hereby certify that I am the (mother, father, sister,
31 brother, husband or wife) of the said elector, and that I am
32 a registered voter in the election precinct for which this
33 application is made. (Strike all but one that is applicable.)
34 Under penalties as provided by law pursuant to Article 29
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1 of The Election Code, the undersigned certifies that the
2 statements set forth in this application are true and
3 correct.
4 Name of applicant ......................
5 Residence address ........................
6 City/village/township........................
7 Service address to which ballot should be mailed:
8 .........................
9 .........................
10 .........................
11 ........................"
12 If application is made for a primary election ballot,
13 such application shall designate the name of the political
14 party with which the person for whom application is made is
15 affiliated.
16 Such applications may be obtained from the election
17 authority having jurisdiction over the voting precinct in
18 which the person for whom application is made is entitled to
19 vote.
20 (Source: P.A. 81-0155; 81-0953; 81-1509.)