Chapter 468 Oregon Laws 2009

AN ACT

SB 839

Relating to address confidentiality; amending ORS 192.820, 192.822, 192.826 and 192.854.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 192.820 is amended to read:

          192.820. As used in ORS 192.820 to 192.868:

          (1) “Actual address” means:

          (a) A residential, work or school street address of an individual specified on the application of the individual to be a program participant; or

          (b) The name of the county in which the program participant resides or the name or number of the election precinct in which the program participant is registered to vote.

          (2) “Address Confidentiality Program” means the program established under ORS 192.822.

          (3) “Application assistant” means an employee of or a volunteer serving a public or private entity designated by the Attorney General under ORS 192.854 to assist individuals with applications to participate in the Address Confidentiality Program.

          (4) “Program participant” means an individual accepted into the Address Confidentiality Program under ORS 192.820 to 192.868.

          (5) “Public body” has the meaning given that term in ORS 174.109.

          (6) “Public record” has the meaning given that term in ORS 192.410.

          (7) “Substitute address” means an address designated by the Attorney General under the Address Confidentiality Program.

(8) “Victim of a sexual offense” means:

          (a) An individual against whom a sexual offense has been committed, as described in ORS 163.305 to 163.467, 163.427, 163.466 or 163.525; or

          (b) Any other individual designated by the Attorney General by rule.

          [(8)] (9) “Victim of domestic violence” means:

          (a) An individual against whom domestic violence has been committed, as defined in ORS 135.230, 181.610[,] or 411.117 [or 657.176];

          (b) An individual who has been a victim of abuse, as defined in ORS 107.705; or

          (c) Any other individual designated a victim of domestic violence by the Attorney General by rule.

          [(9) “Victim of a sexual offense” means:]

          [(a) An individual against whom a sexual offense has been committed, as described in ORS 163.305 to 163.467, 163.427, 163.466 or 163.525; or]

          [(b) Any other individual designated by the Attorney General by rule.]

(10) “Victim of human trafficking” means:

          (a) An individual against whom an offense described in ORS 163.263, 163.264 or 163.266 has been committed; or

          (b) Any other individual designated by the Attorney General by rule. In adopting rules under this subsection, the Attorney General shall consider individuals against whom an act recognized as a severe form of trafficking in persons under 22 U.S.C. 7102 has been committed.

          [(10)] (11) “Victim of stalking” means:

          (a) An individual against whom stalking has been committed, as described in ORS 163.732; or

          (b) Any other individual designated by the Attorney General by rule.

SECTION 2. ORS 192.822 is amended to read:

          192.822. (1) The Address Confidentiality Program is established in the Department of Justice to:

          (a) Protect the confidentiality of the actual address of a victim of domestic violence, a sexual offense, [or] stalking or human trafficking; and

          (b) Prevent assailants or potential assailants of the victim from finding the victim through public records.

          (2) The Attorney General shall designate a substitute address for a program participant and act as the agent of the program participant for purposes of service of all legal process in this state and receiving and forwarding first-class, certified or registered mail.

          (3) The Attorney General is not required to forward any packages or mail other than first-class, certified or registered mail to the program participant.

          (4) The Attorney General is not required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered.

SECTION 3. ORS 192.826 is amended to read:

          192.826. (1) Any of the following individuals with the assistance of an application assistant may file an application with the Attorney General to participate in the Address Confidentiality Program:

          (a) An adult individual.

          (b) A parent or guardian acting on behalf of a minor when the minor resides with the parent or guardian.

          (c) A guardian acting on behalf of an incapacitated individual.

          (2) The application must be dated, signed and verified by the applicant and the application assistant who assisted in the preparation of the application.

          (3) The application must contain all of the following:

          (a) A statement by the applicant that the applicant or the applicant’s child or ward is a victim of domestic violence, a sexual offense, [or] stalking or human trafficking and that the applicant fears for the applicant’s safety or the safety of the applicant’s child or ward.

          (b) Evidence that the applicant or the applicant’s child or ward is a victim of domestic violence, a sexual offense, [or] stalking or human trafficking. This evidence may include any of the following:

          (A) Law enforcement, court or other federal, state or local government records or files;

          (B) Documentation from a public or private entity that provides assistance to victims of domestic violence, a sexual offense, [or] stalking or human trafficking if the applicant or the applicant’s child or ward is an alleged victim of domestic violence, a sexual offense, [or] stalking or human trafficking;

          (C) Documentation from a religious, medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense, [or] stalking or human trafficking; or

          (D) Other forms of evidence as determined by the Attorney General by rule.

          (c) A statement by the applicant that disclosure of the actual address of the applicant would endanger the safety of the applicant or the safety of the applicant’s child or ward.

          (d) A statement by the applicant that the applicant:

          (A) Resides at a location in this state that is not known by assailants or potential assailants of the applicant or the applicant’s child or ward; and

          (B) Will not disclose the location to assailants or potential assailants of the applicant or the applicant’s child or ward while the applicant is a program participant.

          (e) Written consent permitting the Attorney General to act as an agent for the applicant for the service of all legal process in this state and the receipt of first-class, certified or registered mail.

          (f) The mailing address and telephone number at which the Attorney General can contact the applicant.

          (g) The actual address that the applicant requests not be disclosed by the Attorney General that directly relates to the increased risk of the applicant or the applicant’s child or ward as a victim of domestic violence, a sexual offense, [or] stalking or human trafficking.

          (h) A sworn statement by the applicant that to the best of the applicant’s knowledge the information contained in the application is true.

          (i) A recommendation by an application assistant that the applicant be a participant in the Address Confidentiality Program.

          (4) Upon the filing of a properly completed application and upon approval by the Attorney General, the Attorney General shall certify the applicant as a program participant.

          (5) Upon certification, the Attorney General shall issue an Address Confidentiality Program authorization card to the program participant. The Address Confidentiality Program authorization card is valid as long as the program participant remains certified under the program.

          (6) The term of certification shall be for a period of time determined by the Attorney General by rule, unless prior to the end of the period one of the following occurs:

          (a) The program participant withdraws the certification by filing with the Attorney General a request for withdrawal signed by the program participant and acknowledged in writing by a notary public or an application assistant; or

          (b) The Attorney General cancels the certification under ORS 192.834.

          (7) A program participant may renew the certification by filing an application for renewal with the Attorney General at least 30 days prior to expiration of the current certification.

SECTION 4. ORS 192.854 is amended to read:

          192.854. (1) The Attorney General may designate employees of or volunteers serving public or private entities that provide counseling and shelter services to victims of domestic violence, asexual offense, [or] stalking or human trafficking as application assistants to assist individuals applying to participate in the Address Confidentiality Program.

          (2) Any assistance rendered to applicants for participation in the Address Confidentiality Program by the Attorney General or an application assistant is not considered legal advice.

Approved by the Governor June 23, 2009

Filed in the office of Secretary of State June 23, 2009

Effective date January 1, 2010

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