75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 839
Sponsored by Senators STARR, HASS, ATKINSON; Senators CARTER,
DEVLIN, WALKER (at the request of Compassion First, Transitions
Global)
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 839 (SB 839-INTRO) Page 1
(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 { + , + }
Enrolled Senate Bill 839 (SB 839-INTRO) Page 2
{ - 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
Enrolled Senate Bill 839 (SB 839-INTRO) Page 3
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,
{ + a + } sexual 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.
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Passed by Senate May 4, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 2, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 839 (SB 839-INTRO) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 839 (SB 839-INTRO) Page 5