[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1188enr HB1188 Enrolled 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 HB1188 Enrolled -2- LRB9103610MWpr 1 situation, regardless of whether the domestic violence or 2 threat has been reported to law enforcement officers. 3 Section 11. Address confidentiality program; 4 administration. Subject to appropriations for the purposes of 5 this Act, the Attorney General shall administer an address 6 confidentiality program for victims of domestic violence. 7 Section 15. Address confidentiality program; 8 application; certification. 9 (a) An adult person, a parent or guardian acting on 10 behalf of a minor, or a guardian acting on behalf of a 11 disabled person, as defined in Article 11a of the Probate Act 12 of 1975, may apply to the Attorney General to have an address 13 designated by the Attorney General serve as the person's 14 address or the address of the minor or disabled person. The 15 Attorney General shall approve an application if it is filed 16 in the manner and on the form prescribed by him or her and if 17 it contains: 18 (1) a sworn statement by the applicant that the 19 applicant has good reason to believe (i) that the 20 applicant, or the minor or disabled person on whose 21 behalf the application is made, is a victim of domestic 22 violence; and (ii) that the applicant fears for his or 23 her safety or his or her children's safety, or the safety 24 of the minor or disabled person on whose behalf the 25 application is made; 26 (2) a designation of the Attorney General as agent 27 for purposes of service of process and receipt of mail; 28 (3) the mailing address where the applicant can be 29 contacted by the Attorney General, and the phone number 30 or numbers where the applicant can be called by the 31 Attorney General; 32 (4) the new address or addresses that the applicant HB1188 Enrolled -3- LRB9103610MWpr 1 requests not be disclosed for the reason that disclosure 2 will increase the risk of domestic violence; and 3 (5) the signature of the applicant and of any 4 individual or representative of any office designated in 5 writing under Section 40 of this Act who assisted in the 6 preparation of the application, and the date on which the 7 applicant signed the application. 8 (b) Applications shall be filed with the office of the 9 Attorney General. 10 (c) Upon filing a properly completed application, the 11 Attorney General shall certify the applicant as a program 12 participant. Applicants shall be certified for 4 years 13 following the date of filing unless the certification is 14 withdrawn or invalidated before that date. The Attorney 15 General shall by rule establish a renewal procedure. 16 (d) A person who falsely attests in an application that 17 disclosure of the applicant's address would endanger the 18 applicant's safety or the safety of the applicant's children 19 or the minor or incapacitated person on whose behalf the 20 application is made, or who knowingly provides false or 21 incorrect information upon making an application, is guilty 22 of a Class 3 felony. 23 Section 20. Certification cancellation. 24 (a) If the program participant obtains a name change, he 25 or she loses certification as a program participant. 26 (b) The Attorney General may cancel a program 27 participant's certification if there is a change in the 28 residential address from the one listed on the application, 29 unless the program participant provides the Attorney General 30 within 7 days notice before the change of address. 31 (c) The Attorney General may cancel certification of a 32 program participant if mail forwarded by the Attorney General 33 to the program participant's address is returned as HB1188 Enrolled -4- LRB9103610MWpr 1 nondeliverable. 2 (d) The Attorney General shall cancel certification of a 3 program participant who applies using false information. 4 Section 25. Agency use of designated address. 5 (a) A program participant may request that State and 6 local agencies use the address designated by the Attorney 7 General as his or her address. When creating a new public 8 record, State and local agencies shall accept the address 9 designated by the Attorney General as a program participant's 10 substitute address, unless the Attorney General has 11 determined that: 12 (1) the agency has a bona fide statutory or 13 administrative requirement for the use of the address 14 that would otherwise be confidential under this Act; and 15 (2) this address will be used only for those 16 statutory and administrative purposes. 17 (b) A program participant may use the address designated 18 by the Attorney General as his or her work address. 19 (c) The office of the Attorney General shall forward all 20 first class mail to the appropriate program participants. 21 Section 30. Voting by program participant; use of 22 designated address by election authority. 23 (a) A program participant who is otherwise qualified to 24 vote may apply to vote under Article 20 of the Election Code. 25 The program participant shall automatically receive absentee 26 ballots for all elections in the jurisdictions for which that 27 individual resides in the same manner as absentee voters who 28 qualify under Article 20 of the Election Code. The Attorney 29 General shall adopt rules to ensure the integrity of the 30 voting process and the confidentiality of the program 31 participant. The election authority shall transmit the 32 absentee ballot to the program participant at the address HB1188 Enrolled -5- LRB9103610MWpr 1 designated by the participant in his or her application. 2 Neither the name nor the address of a program participant 3 shall be included in any list of registered voters available 4 to the public. 5 (b) The election authority may not make the 6 participant's address contained in voter registration records 7 available for public inspection or copying except under the 8 following circumstances: 9 (1) if requested by a law enforcement agency, to 10 the law enforcement agency; and 11 (2) if directed by a court order, to a person 12 identified in the order. 13 Section 35. Disclosure of address prohibited; 14 exceptions. 15 The Attorney General may not make a program participant's 16 address, other than the address designated by the Attorney 17 General, available for inspection or copying, except under 18 the following circumstances: 19 (a) if requested by a law enforcement agency, to the law 20 enforcement agency; 21 (b) if directed by a court order, to a person identified 22 in the order; and 23 (c) if certification has been canceled. 24 Section 40. Assistance for program applicants. 25 The Attorney General shall designate State and local 26 agencies and nonprofit agencies that provide counseling and 27 shelter services to victims of domestic violence to assist 28 persons applying to be program participants. Any assistance 29 and counseling rendered by the office of the Attorney General 30 or its designees to applicants shall in no way be construed 31 as legal advice. HB1188 Enrolled -6- LRB9103610MWpr 1 Section 45. Rules. The Attorney General may adopt rules 2 to facilitate the administration of this Act by State and 3 local agencies. 4 Section 100. The Election Code is amended by changing 5 Section 20-3 as follows: 6 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3) 7 Sec. 20-3. The election authority shall furnish the 8 following applications for absentee registration or absentee 9 ballot which shall be considered a method of application in 10 lieu of the official postcard. 11 1. Members of the United States Service,andcitizens of 12 the United States temporarily residing outside the 13 territorial limits of the United States, and certified 14 program participants under the Address Confidentiality for 15 Victims of Domestic Violence Act may make application within 16 the periods prescribed in Sections 20-2 or 20-2.1, as the 17 case may be. Such application shall be substantially in the 18 following form: 19 "APPLICATION FOR BALLOT 20 To be voted at the............ election in the precinct 21 in which is located my residence at..............., in the 22 city/village/township of ............(insert home address) 23 County of........... and State of Illinois. 24 I state that I am a citizen of the United States; that on 25 (insert date of election) I shall have resided in the State 26 of Illinois and in the election precinct for 30 days; that 27 on the above date I shall be the age of 18 years or above; 28 that I am lawfully entitled to vote in such precinct at that 29 election; that I am (check category 1,or2, or 3 below): 30 1. ( ) a member of the United States Service, 31 2. ( ) a citizen of the United States temporarily 32 residing outside the territorial limits of the United States HB1188 Enrolled -7- LRB9103610MWpr 1 and that I expect to be absent from the said county of my 2 residence on the date of holding such election, and that I 3 will have no opportunity to vote in person on that day. 4 3. ( ) a certified program participant under the 5 Address Confidentiality for Victims of Domestic Violence Act. 6 7 I hereby make application for an official ballot or 8 ballots to be voted by me at such election if I am absent 9 from the said county of my residence, and I agree that I 10 shall return said ballot or ballots to the election authority 11 prior to the closing of the polls on the date of the election 12 or shall destroy said ballot or ballots. 13 (Check below only if category 2 or 3 and not previously 14 registered) 15 ( ) I hereby make application to become registered as a 16 voter and agree to return the forms and affidavits for 17 registration to the election authority not later than 30 days 18 before the election. 19 Under penalties as provided by law pursuant to Article 29 20 of The Election Code, the undersigned certifies that the 21 statements set forth in this application are true and 22 correct. 23 ......................... 24 Post office address or service address to which 25 registration materials or ballot should be mailed 26 ......................... 27 ......................... 28 ......................... 29 ........................" 30 If application is made for a primary election ballot, 31 such application shall designate the name of the political 32 party with which the applicant is affiliated. 33 Such applications may be obtained from the election 34 authority having jurisdiction over the person's precinct of HB1188 Enrolled -8- LRB9103610MWpr 1 residence. 2 2. A spouse or dependent of a member of the United 3 States Service, said spouse or dependent being a registered 4 voter in the county, may make application on behalf of said 5 person in the office of the election authority within the 6 periods prescribed in Section 20-2 which shall be 7 substantially in the following form: 8 "APPLICATION FOR BALLOT to be voted at the........... 9 election in the precinct in which is located the residence of 10 the person for whom this application is made 11 at.............(insert residence address) in the 12 city/village/township of......... County of.......... and 13 State of Illinois. 14 I certify that the following named person................ 15 (insert name of person) is a member of the United States 16 Service. 17 I state that said person is a citizen of the United 18 States; that on (insert date of election) said person shall 19 have resided in the State of Illinois and in the election 20 precinct for which this application is made for 30 days; that 21 on the above date said person shall be the age of 18 years or 22 above; that said person is lawfully entitled to vote in such 23 precinct at that election; that said person is a member of 24 the United States Service, and that in the course of his 25 duties said person expects to be absent from his county of 26 residence on the date of holding such election, and that said 27 person will have no opportunity to vote in person on that 28 day. 29 I hereby make application for an official ballot or 30 ballots to be voted by said person at such election and said 31 person agrees that he shall return said ballot or ballots to 32 the election authority prior to the closing of the polls on 33 the day of the election, or shall destroy said ballot or 34 ballots. HB1188 Enrolled -9- LRB9103610MWpr 1 I hereby certify that I am the (mother, father, sister, 2 brother, husband or wife) of the said elector, and that I am 3 a registered voter in the election precinct for which this 4 application is made. (Strike all but one that is applicable.) 5 Under penalties as provided by law pursuant to Article 29 6 of The Election Code, the undersigned certifies that the 7 statements set forth in this application are true and 8 correct. 9 Name of applicant ...................... 10 Residence address ........................ 11 City/village/township........................ 12 Service address to which ballot should be mailed: 13 ......................... 14 ......................... 15 ......................... 16 ........................" 17 If application is made for a primary election ballot, 18 such application shall designate the name of the political 19 party with which the person for whom application is made is 20 affiliated. 21 Such applications may be obtained from the election 22 authority having jurisdiction over the voting precinct in 23 which the person for whom application is made is entitled to 24 vote. 25 (Source: P.A. 81-0155; 81-0953; 81-1509.)