SENATE BILL No. 655

 

 

November 9, 2017, Introduced by Senators O'BRIEN, JONES and SCHUITMAKER and referred to the Committee on Judiciary.

 

 

     A bill to create the address confidentiality program; to

 

provide certain protections for victims of domestic violence,

 

sexual assault, stalking, or human trafficking; to prescribe duties

 

and responsibilities of certain state departments; to require the

 

promulgation of rules; to create a fund; to provide for an

 

assessment; to prohibit the disclosure of certain information and

 

obtaining a certification under this act by fraud; and to prescribe

 

penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"address confidentiality program act".

 

     Sec. 3. As used in this act:

 

     (a) "Application assistant" means an employee or volunteer at

 

an agency or organization that serves victims of domestic violence,

stalking, human trafficking, or sexual assault who has received

 

training and certification from the department of the attorney

 

general to help individuals complete applications to become program

 

participants.

 

     (b) "Confidential address" means the address of a program

 

participant's residence, as specified on an application to be a

 

program participant or on a notice of change of information as

 

provided under section 5 that is classified confidential by the

 

department of the attorney general.

 

     (c) "Designated address" means the mailing address at which

 

the department of technology, management, and budget receives mail

 

to forward to program participants.

 

     (d) "Domestic violence" means a violation of section 81 of the

 

Michigan penal code, 1931 PA 328, MCL 750.81.

 

     (e) "Governmental entity" means this state, a local unit of

 

government, or any department, agency, board, commission, or other

 

instrumentality of this state or a local unit of government.

 

     (f) "Guardian of a ward" means a person who has qualified as a

 

guardian of a legally incapacitated individual under a court

 

appointment.

 

     (g) "Human trafficking" means a violation of chapter LXVIIA of

 

the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

 

     (h) "Law enforcement agency" means that term as defined in

 

section 2 of the Michigan commission on law enforcement standards

 

act, 1965 PA 203, MCL 28.602.

 

     (i) "Local unit of government" means a city, village,

 

township, or county in this state.

     (j) "Municipally owned utility" means electric, gas, or water

 

services provided by a municipality.

 

     (k) "Program" means the address confidentiality program

 

created under this act.

 

     (l) "Program participant" means an individual who is certified

 

by the department of the attorney general as a program participant

 

under section 5.

 

     (m) "Sexual assault" means a violation, attempted violation,

 

or solicitation or conspiracy to commit a violation of section

 

520b, 520c, 520d, 520e, 520f, or 520g of the Michigan penal code,

 

1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, 750.520f,

 

and 750.520g.

 

     (n) "Stalking" means that term as defined in section 411h or

 

411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

 

750.411i.

 

     (o) "Victim" means an individual who suffers direct or

 

threatened physical, financial, or emotional harm as the result of

 

a commission of a crime.

 

     (p) "Ward" means that term as defined in section 1108 of the

 

estates and protected individuals code, 1998 PA 386, MCL 700.1108.

 

     Sec. 5. (1) The address confidentiality program is created in

 

the department of the attorney general.

 

     (2) Except for an individual described in subsection (10), the

 

following individuals may submit an application, with the

 

assistance of an application assistant, for certification as a

 

program participant by the department of the attorney general:

 

     (a) An individual 18 years of age or older when changing his

or her residence.

 

     (b) The parent with legal custody or the guardian of a minor

 

when changing the residence of that minor.

 

     (c) The guardian of a ward if he or she is granted the power

 

by a court under section 5306 of the estates and protected

 

individuals code, 1998 PA 386, MCL 700.5306, when the address of

 

the ward changes.

 

     (3) The application under subsection (2) must be filed with

 

the department of the attorney general in the manner and form

 

prescribed by the department of the attorney general and must

 

contain the following:

 

     (a) A notarized statement that meets 1 of the following

 

requirements:

 

     (i) If the applicant is an individual 18 years of age or

 

older, a statement by that individual that disclosure of the

 

address provided under subdivision (d) will increase the risk that

 

he or she will be threatened or physically harmed by another person

 

or that the individual is a victim of domestic violence, stalking,

 

human trafficking, or sexual assault.

 

     (ii) If the applicant is the parent with legal custody or the

 

guardian of a minor, a statement by that parent or guardian that

 

disclosure of the address provided under subdivision (d) will

 

increase the risk that the minor will be threatened or physically

 

harmed by another person or that the parent or guardian, or the

 

minor, is a victim of domestic violence, stalking, human

 

trafficking, or sexual assault.

 

     (iii) If the applicant is the guardian of a ward as provided

under subsection (2)(c), a statement by that guardian that the

 

disclosure of the address provided under subdivision (d) will

 

increase the risk that the ward will be threatened or physically

 

harmed by another person or that the ward is a victim of domestic

 

violence, stalking, human trafficking, or sexual assault.

 

     (b) A knowing and voluntary designation of the department of

 

technology, management, and budget as the agent for the purposes of

 

receiving mail and service of process.

 

     (c) The mailing address and telephone number at which the

 

department of the attorney general, or the department of

 

technology, management, and budget, may contact the individual,

 

minor, or ward.

 

     (d) The address of residence that the applicant requests not

 

be disclosed.

 

     (e) The signature of the applicant, the name and signature of

 

any application assistant who assisted the applicant, and the date

 

the application was signed.

 

     (4) The department of the attorney general shall do all of the

 

following after an individual, the parent or guardian of a minor,

 

or a guardian of a ward files a completed application:

 

     (a) Certify the individual, minor, or ward as a program

 

participant.

 

     (b) Issue the program participant a unique identification

 

number.

 

     (c) Classify each eligible address listed in the application

 

as a confidential address.

 

     (d) Provide the program participant with information

concerning the manner in which the program participant may use the

 

department of technology, management, and budget as the agent of

 

the program participant for the purposes of receiving mail and

 

service of process.

 

     (e) If the program participant is eligible to vote, provide

 

the program participant with information concerning the process to

 

register to vote and to vote as a program participant under the

 

Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

 

     (5) A program participant shall update information provided in

 

an application within 30 days after a change to that information

 

has occurred by submitting a notice of change of information to the

 

department of the attorney general on a form prescribed by the

 

department of the attorney general.

 

     (6) Unless the certification is canceled under section 9, the

 

certification of a program participant is valid for 4 years from

 

the date listed on the application under subsection (3).

 

     (7) The department of the attorney general may, with proper

 

notice, cancel the certification of a program participant as

 

provided under section 9.

 

     (8) A program participant who continues to be eligible to

 

participate in the program may renew the certification of the

 

program participant. The renewal application must be on a form

 

prescribed by the department of the attorney general and must meet

 

the requirements under subsections (2) and (3). A renewal of

 

certification of the program participant must not alter the unique

 

identification number issued under subsection (4)(b).

 

     (9) A confidential address of a program participant is not a

public record and is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (10) An offender who is required to be registered under the

 

sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,

 

is not eligible to submit an application and must not be certified

 

as a program participant.

 

     Sec. 7. (1) A program participant may request that a

 

governmental entity use the designated address as the program

 

participant's address. Except as otherwise provided in subsection

 

(6) and in the Michigan election law, 1954 PA 116, MCL 168.1 to

 

168.992, a governmental entity shall use the designated address.

 

The program participant may provide his or her participation card

 

issued under section 17 as proof of his or her certification as a

 

program participant.

 

     (2) If a program participant's employer, school, or

 

institution of higher education is not a governmental entity, the

 

program participant may request that the employer, school, or

 

institution of higher education use the designated address as the

 

program participant's address.

 

     (3) The department of technology, management, and budget

 

shall, on each day the department of technology, management, and

 

budget is open for business, place all mail of a program

 

participant that the department of technology, management, and

 

budget receives into an envelope or package and mail that envelope

 

or package to the program participant at the mailing address the

 

program participant provided on the application under section

 

5(3)(c) for that purpose. The department of technology, management,

and budget may contract with the United States Postal Service for

 

special rates for the mail forwarded under this subsection.

 

     (4) Upon receiving service of process on behalf of a program

 

participant, the department of technology, management, and budget

 

shall immediately forward the process by certified mail, return

 

receipt requested, to the program participant at the mailing

 

address the program participant provided on the application under

 

section 5(3)(c) for that purpose.

 

     (5) If a person intends to serve process on an individual and

 

makes an inquiry with the department of the attorney general or the

 

department of technology, management, and budget to determine if

 

the individual is a program participant, the department of the

 

attorney general or the department of technology, management, and

 

budget shall only confirm that the individual is a program

 

participant and must not disclose further information regarding the

 

program participant.

 

     (6) Subsection (1) does not apply to a municipally owned

 

utility. The confidential address of a program participant that is

 

maintained by a municipally owned utility must not be released, and

 

is not a public record and is exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 9. (1) The department of the attorney general may cancel

 

the certification of a program participant if the program

 

participant is not reachable at the mailing address and telephone

 

number provided under section 5(3)(c) for 60 or more days.

 

     (2) The department of the attorney general shall cancel the

 

certification of a program participant in any of the following

circumstances:

 

     (a) The program participant's application contained 1 or more

 

false statements.

 

     (b) The program participant or the parent or guardian of a

 

program participant that is a minor or the guardian of a ward that

 

is a program participant files a notarized request for cancellation

 

on a form prescribed by the department of the attorney general.

 

     (c) The program participant fails to file a renewal

 

application while the initial certification as a program

 

participant is valid as provided in section 5(6). The department of

 

the attorney general may promulgate a rule to provide for a grace

 

period.

 

     Sec. 11. (1) A department of this state, a law enforcement

 

agency, or a local unit of government may request the department of

 

the attorney general to provide the confidential address or

 

telephone number of a program participant if the requesting

 

department of this state, a law enforcement agency, or a local unit

 

of government requires access to the confidential address or

 

telephone number of the program participant for a legitimate

 

governmental purpose. Upon receiving a request under this

 

subsection, the department of the attorney general shall confirm

 

whether an individual, minor, or ward is a program participant but

 

may not disclose further information except as provided under

 

subsection (3).

 

     (2) Upon the filing of a request under this section, the

 

department of the attorney general shall provide the program

 

participant with notice of the request.

     (3) The department of the attorney general may grant the

 

request submitted under subsection (1) if the department of the

 

attorney general determines that disclosure of the confidential

 

address or telephone number of the program participant to the

 

requesting department of this state, law enforcement agency, or

 

local unit of government is necessary for a legitimate governmental

 

purpose.

 

     Sec. 13. (1) The department of the attorney general shall

 

certify a person applying for certification as an application

 

assistant under this act if that person has completed the training

 

program developed and provided by the department of the attorney

 

general. The department of the attorney general shall make

 

available on its website the names and contact information of the

 

application assistants.

 

     (2) An application assistant who provides assistance in

 

accordance with this act does not violate section 916 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.916.

 

     Sec. 15. The department of the attorney general must create

 

and maintain a computerized database that contains the name, unique

 

identification number, and confidential address of each program

 

participant. The department of the attorney general, the department

 

of technology, management, and budget, and the department of state

 

may have access to the database as provided under this act.

 

     Sec. 17. The department of state shall create a participation

 

card for the program and shall issue each program participant a

 

participation card. The participation card must contain the name

 

and unique identification number of the program participant, and

the designated address.

 

     Sec. 19. The department of the attorney general shall, in

 

consultation with the Michigan domestic and sexual violence

 

prevention and treatment board, promulgate rules to implement this

 

act in compliance with the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 21. (1) The confidential address fund is created in the

 

state treasury. The fund shall be administered by the attorney

 

general.

 

     (2) The state treasurer may receive money and assets from any

 

source for deposit into the fund. The state treasurer shall direct

 

the investment of the fund. The state shall credit to the fund

 

interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department of the attorney general shall expend money

 

from the fund, upon appropriation, for the purpose of administering

 

the program.

 

     Sec. 23. (1) The court shall order each individual found

 

responsible for or convicted of 1 or more of the following crimes

 

to pay an assessment of $100.00:

 

     (a) Domestic violence.

 

     (b) Human trafficking.

 

     (c) Sexual assault.

 

     (d) A violation of section 411h or 411i of the Michigan penal

 

code, 1931 PA 328, MCL 750.411h and 750.411i.

 

     (2) The assessment required under subsection (1) is in

addition to any fine, costs, or other assessments imposed by the

 

court.

 

     (3) An assessment required under subsection (1) must be

 

ordered upon the record and listed separately in the adjudication

 

order, judgment of sentence, or order of probation.

 

     (4) After reviewing a verified petition by an individual

 

against whom an assessment is imposed under subsection (1), the

 

court may suspend payment of all or part of the assessment if it

 

determines the individual is unable to pay the assessment.

 

     (5) The court that imposes the assessment prescribed under

 

subsection (1) may retain 10% of all assessments or portions of

 

assessments collected for costs incurred under this section and

 

shall transmit that money to its funding unit. On the last day of

 

each month, the clerk of the court shall transmit the assessments

 

or portions of assessments collected under this section to the

 

state treasurer for deposit in the confidential address fund

 

created in section 21.

 

      Sec. 25. (1) A person shall not knowingly make a false

 

statement in an application submitted under section 5.

 

     (2) Except as otherwise provided by law, a person who has

 

access to a confidential address or telephone number of a program

 

participant because of the person's employment or official position

 

shall not knowingly disclose that confidential address or telephone

 

number to any other person.

 

     (3) A person that violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.