Chapter 3.1Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse

Section § 6205

Explanation

This law is about protecting people who are trying to escape dangerous situations like domestic violence, sexual assault, or stalking. It acknowledges that these individuals often need to change their names or addresses to stay safe. The law aims to help state and local agencies keep these new identities or locations private when responding to public records requests. It also supports using a substitute mailing address, provided by the Secretary of State, to keep victims' real addresses confidential. Importantly, this law takes effect on July 1, 2024.

(a)CA Government Code § 6205(a) The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse frequently establish new names or addresses to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the changed name or location of a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse to enable interagency cooperation with the Secretary of State in providing name and address confidentiality for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.
(b)CA Government Code § 6205(b) This section shall become operative on July 1, 2024.
domestic violence protection name change confidentiality address confidentiality victim safety sexual assault privacy stalking protection human trafficking survivor safety child abduction protection elder abuse privacy dependent adult abuse confidentiality substitute mailing address Secretary of State public records privacy victim confidentiality program
(Repealed (in Sec. 2) and added by Stats. 2023, Ch. 642, Sec. 3. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6205.5

Explanation

This law outlines the definitions for important terms used throughout the chapter, such as 'address,' 'child abduction,' 'cohabitant,' 'domestic violence,' and more, related to program participants in a protective program. Each term has a specific meaning drawn from related legal codes, like the Penal Code for offenses or the Family Code for domestic violence. This section clarifies these definitions to ensure consistent understanding across related laws and becomes effective on July 1, 2024.

(a)CA Government Code § 6205.5(a) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)CA Government Code § 6205.5(a)(1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.
(2)CA Government Code § 6205.5(a)(2) “Child abduction” means an act or attempted act made punishable pursuant to Section 278 or 278.5 of the Penal Code.
(3)CA Government Code § 6205.5(a)(3) “Cohabitant” has the same meaning as in subdivision (b) of Section 18291 of the Welfare and Institutions Code.
(4)CA Government Code § 6205.5(a)(4) “Domestic violence” means an act as defined in Section 6211 of the Family Code.
(5)CA Government Code § 6205.5(a)(5) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.
(6)CA Government Code § 6205.5(a)(6) “Elder or dependent adult abuse” means an act described in Section 15610.07 of the Welfare and Institutions Code or an offense described in Section 368 of the Penal Code.
(7)CA Government Code § 6205.5(a)(7) “Household member” means an adult person who resides at the same residential address as the applicant or participant and is related to the applicant or participant by blood, marriage, registered domestic partnership, adoption, or is a cohabitant of an applicant or participant.
(8)CA Government Code § 6205.5(a)(8) “Human trafficking” means any act punishable pursuant to Section 236.1 of the Penal Code.
(9)CA Government Code § 6205.5(a)(9) “Program participant” means a person certified as a program participant under Section 6206.
(10)CA Government Code § 6205.5(a)(10) “Sexual assault” means an act or attempted act made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6 of, or former Section 262 or 288a of, the Penal Code.
(11)CA Government Code § 6205.5(a)(11) “Stalking” means an act as defined in Section 646.9 of the Penal Code.
(b)CA Government Code § 6205.5(b) This section shall become operative on July 1, 2024.
program participant residential address child abduction cohabitant domestic violence domicile elder abuse human trafficking sexual assault stalking certified program address confidentiality handy definitions Section 6206 operative date July 1 2024
(Repealed (in Sec. 4) and added by Stats. 2023, Ch. 642, Sec. 5. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6206

Explanation

This law allows certain adults, parents, or guardians in California to apply for a confidential address provided by the Secretary of State, designed to protect victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder abuse. The application must be completed in person at a community-based assistance program and include a sworn statement about the applicant's safety concerns and fear, along with evidence supporting their claim, if available.

The Secretary of State will act as the agent for receiving legal documents for the applicant. The approved application certifies the individual in the program for four years, with renewal options. Additionally, the law requires notifications to other legal parents unless a court order exists.

Starting January 1, 2023, the application and information about this program are to be made available in multiple languages. False claims in the application process result in a misdemeanor charge. The law will become operative on July 1, 2024.

(a)CA Government Code § 6206(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:
(1)CA Government Code § 6206(a)(1) A sworn statement by the applicant that the applicant has good reason to believe both of the following:
(A)CA Government Code § 6206(a)(1)(A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime that provided the basis for that victim’s application.
(B)CA Government Code § 6206(a)(1)(B) That the applicant fears for their safety, the safety of their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made.
(2)CA Government Code § 6206(a)(2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, the application may be accompanied by evidence, including, but not limited to, any of the following:
(A)CA Government Code § 6206(a)(2)(A) Police, court, or other government agency records or files.
(B)CA Government Code § 6206(a)(2)(B) Documentation from a domestic violence or sexual assault program, if the person is alleged to be a victim of domestic violence, sexual assault, stalking, or human trafficking.
(C)CA Government Code § 6206(a)(2)(C) Documentation from a legal, clerical, medical, or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse.
(D)CA Government Code § 6206(a)(2)(D) Any other evidence that supports the sworn statement, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse.
(3)CA Government Code § 6206(a)(3) If the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a household member of a person described in paragraph (2), the application shall include the name of that person and evidence that the applicant is a household member.
(4)CA Government Code § 6206(a)(4) The name and last known address of the applicant’s minor child or children, and the name and last known address of all other parents or guardians of the minor child or children of the applicant, as legally established by voluntary declaration of paternity, court order, placement on the child’s birth certificate, or other legal method pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). If no other parent or guardian has been established for the applicant’s minor child or children, this section may be left blank.
(5)CA Government Code § 6206(a)(5) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A)CA Government Code § 6206(a)(5)(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State a copy of the summons, writ, notice, demand, or process.
(B)CA Government Code § 6206(a)(5)(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C)CA Government Code § 6206(a)(5)(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.
(D)CA Government Code § 6206(a)(5)(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from liability in any action brought by a person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(6)CA Government Code § 6206(a)(6) The mailing address and the telephone number or numbers where the applicant can be called by the Secretary of State, and if available, the email address where the applicant can be contacted by the Secretary of State.
(7)CA Government Code § 6206(a)(7) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse.
(8)CA Government Code § 6206(a)(8) The signature of the applicant and of any individual or representative of any office designated in writing under Section 6208.5 who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b)CA Government Code § 6206(b) Commencing January 1, 2023, the Secretary of State shall make the application form for participation in the program and any explanatory materials available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the application available in additional languages.
(c)CA Government Code § 6206(c) Applications shall be filed with the office of the Secretary of State.
(d)CA Government Code § 6206(d) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The Secretary of State shall, by rule, establish a renewal procedure. A minor program participant who reaches 18 years of age during their enrollment may renew as an adult following the renewal procedures established by the Secretary of State.
(e)CA Government Code § 6206(e) If a minor child has any other legally established parent or parents, upon certification, the Secretary of State shall, within 10 days, notify all other parents or guardians identified pursuant to paragraph (4) of subdivision (a) of the designation of the Secretary of State as agent for purposes of service of process and, unless there is a court order prohibiting contact between the other parent or parents or guardian and the minor child or children of the participant, the address designated by the Secretary of State for the program participant. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent or parents or guardian to be notified. A copy shall also be sent to that parent’s or guardian’s counsel of record, if provided to the Secretary of State by the applicant.
(f)CA Government Code § 6206(f) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s children or household members, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision. Commencing January 1, 2023, the Secretary of State shall make the notice required by this subdivision available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages.
(g)CA Government Code § 6206(g) This section shall become operative on July 1, 2024.
confidential address victim protection domestic violence sexual assault human trafficking elder abuse address confidentiality program Secretary of State agent sworn statement evidence submission service of process multilingual application misdemeanor penalty renewal procedure community-based assistance
(Repealed (in Sec. 6) and added by Stats. 2023, Ch. 642, Sec. 7. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6206.1

Explanation

This law states that just because someone is certified as part of a certain program, it doesn't automatically imply that their children are in danger while in their care.

Certification as a program participant shall not be evidence that minor children in the participant’s custody are at risk in the participant’s care.
program participant certification minor children custody risk assessment child safety participant's care parental certification impact evidence of risk child custody implications program involvement protective programs legal assumptions children's welfare custody risk assumptions caregiver assessment program certification implications
(Added by Stats. 2022, Ch. 686, Sec. 5. (AB 1726) Effective January 1, 2023.)

Section § 6206.4

Explanation

This law states that the Secretary of State must keep confidential any name changes of individuals who are part of a specific program. These individuals have the same protections and rights as other program participants.

The Secretary of State shall keep confidential name changes of program participants obtained pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure. The Secretary of State shall have the same responsibilities and obligations to program participants who have obtained a name change as to any other program participant under this chapter.
confidential name changes program participants privacy protection Secretary of State name change confidentiality participant privacy identity protection confidentiality obligation legal name change protection privacy responsibilities identity change program data privacy confidentiality duties participant rights name change privacy
(Added by Stats. 2000, Ch. 33, Sec. 5. Effective January 1, 2001.)

Section § 6206.5

Explanation

This law outlines how the Secretary of State should handle records when someone stops being part of a certain program. If the program participant's certification ends, the records about them stay confidential for three years before being destroyed. However, records concerning a change of name must be kept forever and can only be revealed as specified by other laws.

The goal is to ensure privacy while meeting legal obligations for record retention.

Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows:
(a)CA Government Code § 6206.5(a) Except as provided in subdivision (g) of Section 6206.7 or Section 6208, any records or documents pertaining to a program participant shall be held confidential for a period of three years after withdrawal or termination of certification.
(b)CA Government Code § 6206.5(b) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed, except for change of name records, which shall be retained permanently and only be accessible pursuant to Section 6208 and Section 1798.34 of the Civil Code.
confidential records program participant records record retention name change records records destruction privacy of records certification termination record confidentiality participant certification Section 1798.34 Section 6208
(Amended by Stats. 2012, Ch. 270, Sec. 3. (SB 1082) Effective January 1, 2013.)

Section § 6206.7

Explanation

This law explains how someone can leave or be removed from a specific program run by the Secretary of State. A participant can leave by notifying the Secretary and returning their ID card. The Secretary can also remove someone for several reasons, like if they gave false info, moved without updating their address, or didn't renew their certification.

If a participant is about to be removed, they get a written notification and have 30 days to appeal. The Secretary will inform the relevant election and county offices of any program changes. If someone is removed for lying, the Secretary can release info from their application.

(a)CA Government Code § 6206.7(a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and the program participant’s current identification card. Certification shall be terminated on the date of receipt of this notification.
(b)CA Government Code § 6206.7(b) The Secretary of State may terminate a program participant’s certification and invalidate the program participant’s authorization card for any of the following reasons:
(1)CA Government Code § 6206.7(b)(1) The program participant’s certification term has expired and certification renewal has not been completed.
(2)CA Government Code § 6206.7(b)(2) The Secretary of State has been informed that another state agency determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.
(3)CA Government Code § 6206.7(b)(3) The program participant no longer resides at the most recent residential address provided to the Secretary of State and has not provided notice in writing of a change in address within 30 days.
(4)CA Government Code § 6206.7(b)(4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable. Before terminating a program participant’s certification due to nondeliverable mail, the program shall attempt to contact the participant by telephone and email, if available, to resolve the mail delivery issue.
(5)CA Government Code § 6206.7(b)(5) The program participant obtains a legal name change and fails to notify the Secretary of State within 30 days.
(6)CA Government Code § 6206.7(b)(6) The program participant, who reaches 18 years of age during the program participant’s certification term, has not renewed the program participant’s certification within 60 days of reaching 18 years of age.
(7)CA Government Code § 6206.7(b)(7) The program participant moves from their California place of residence to relocate out of state.
(c)CA Government Code § 6206.7(c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person moves from their California place of residence to another residence in this state. If, however, the program participant or parent or guardian acting on behalf of a minor or incapacitated person leaves the state during their valid participation term, they shall not be terminated on the grounds of having abandoned their domicile in this state until they have resided outside of this state for a period of more than 60 consecutive days if relocating to a state with an address confidentiality program. If the program participant or parent or guardian acting on behalf of a minor or incapacitated person has relocated to a state without an address confidentiality program, they shall remain enrolled and mail shall be forwarded for the remainder of their certification term.
(d)CA Government Code § 6206.7(d) If intended termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 days in which to appeal the intended termination under procedures developed by the Secretary of State.
(e)CA Government Code § 6206.7(e) The Secretary of State shall notify in writing the county elections official of the program participant’s certification withdrawal, invalidation, expiration, or termination. The Secretary of State shall cooperate with authorized personnel of the appropriate county clerk’s office, county recording office, and state and local agencies to verify, upon request of any such entity, the program participant’s certification withdrawal, invalidation, expiration, or termination.
(f)CA Government Code § 6206.7(f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record.
(g)CA Government Code § 6206.7(g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.
program participant withdrawal from program termination of certification false information address change notification nondeliverable mail legal name change out-of-state relocation address confidentiality appeal process written notification county elections official administrative records application disclosure
(Amended by Stats. 2022, Ch. 975, Sec. 2.5. (AB 2872) Effective January 1, 2023.)

Section § 6207

Explanation

This law allows individuals in a special program, called 'program participants,' to use a substitute address provided by the Secretary of State instead of their real address when dealing with state and local agencies. Agencies must use this substitute address unless they have a valid legal need for the real address, and even then, they can't make it public. Participants can also use this address for work-related matters.

The Secretary of State’s office is in charge of forwarding certain mail to the participants, although they may choose not to forward packages. Additionally, participants must follow specific rules when dealing with the Department of Motor Vehicles, including giving their current address to the DMV as required by law.

(a)CA Government Code § 6207(a) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:
(1)CA Government Code § 6207(a)(1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter.
(2)CA Government Code § 6207(a)(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.
(b)CA Government Code § 6207(b) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:
(1)CA Government Code § 6207(b)(1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter.
(2)CA Government Code § 6207(b)(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.
(c)CA Government Code § 6207(c) A program participant may use the address designated by the Secretary of State as his or her work address.
(d)CA Government Code § 6207(d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing.
(e)CA Government Code § 6207(e) Notwithstanding subdivisions (a) and (b), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department.
program participant substitute address Secretary of State state and local agencies public record confidential address bona fide requirement mail forwarding Department of Motor Vehicles address confidentiality work address record suppression address privacy program fetal death records address disclosure rules
(Amended by Stats. 2012, Ch. 270, Sec. 5. (SB 1082) Effective January 1, 2013.)

Section § 6207.5

Explanation

This law section allows someone who is part of a certain program and eligible to vote to register and vote privately under specific voting confidentiality rules.

A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code.
confidential voting program participant voting privacy register to vote confidential manner voting eligibility Elections Code Section 2166.5 private voter registration voter confidentiality program anonymous voting process
(Added by Stats. 1998, Ch. 1005, Sec. 2. Effective January 1, 1999.)

Section § 6208

Explanation

This section of the law says that the Secretary of State can't let others see or copy a program participant's real address or name change, except in a few specific situations. These situations include if a law enforcement agency asks for it, if a court order specifically allows it, or if the participant's certification has been terminated under certain conditions specified in another law.

The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, or a program participant’s name change available for inspection or copying, except under any of the following circumstances:
(a)CA Government Code § 6208(a) If requested by a law enforcement agency, to the law enforcement agency.
(b)CA Government Code § 6208(b) If directed by a court order, to a person identified in the order.
(c)CA Government Code § 6208(c) If certification has been terminated as a result of paragraph (2) of subdivision (b) of Section 6206.7.
program participant address confidentiality name change protection law enforcement access court order address protection certification termination Secretary of State privacy exceptions legal disclosure address confidentiality program confidential information court-directed access law enforcement request participant's address
(Amended by Stats. 2011, Ch. 200, Sec. 3. (SB 636) Effective January 1, 2012.)

Section § 6208.1

Explanation

This law prohibits anyone from intentionally posting or displaying someone's home address, phone number, or image online or in public with harmful intent. Specifically, it aims to prevent inciting others to cause physical harm or making threats that instill fear for personal safety. If someone's information is disclosed against their wishes, they can take legal action for injunction or damages, with potential compensation up to three times actual damages or a minimum of $4,000.

Individuals can request their information not be shared for four years, even if certain protections expire. It also forbids selling or trading this information with harmful intent. Internet service providers are not liable unless they intentionally facilitate harm. Several definitions clarify terms like 'image' and 'publicly post.' Other legal actions may still be pursued in addition to what's stated here.

(a)Copy CA Government Code § 6208.1(a)
(1)Copy CA Government Code § 6208.1(a)(1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or any other public space the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to do either of the following:
(A)CA Government Code § 6208.1(a)(1)(A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B)CA Government Code § 6208.1(a)(1)(B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. Disclosure alone may be considered a threat, depending on the totality of the circumstances.
(2)CA Government Code § 6208.1(a)(2) A participant whose home address, home telephone number, or image is made public as a result of a violation of paragraph (1) may do either or both of the following:
(A)CA Government Code § 6208.1(a)(2)(A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B)CA Government Code § 6208.1(a)(2)(B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).
(b)Copy CA Government Code § 6208.1(b)
(1)Copy CA Government Code § 6208.1(b)(1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or other public space the home address or home telephone number of a participant if that individual has made a written demand of that person, business, or association to not disclose their home address or home telephone number. A demand made under this paragraph shall include a sworn statement declaring that the person is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A written demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s program participation has expired before the end of the four-year period.
(2)CA Government Code § 6208.1(b)(2) A participant whose home address or home telephone number is made public as a result of a failure to honor a demand made pursuant to paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(3)CA Government Code § 6208.1(b)(3) This subdivision shall not apply to a person or entity defined in Section 1070 of the Evidence Code.
(c)Copy CA Government Code § 6208.1(c)
(1)Copy CA Government Code § 6208.1(c)(1) No person, business, association, or other entity shall solicit, sell, or trade on the internet, or any other forum, the home address, home telephone number, or image of a participant with the intent to do either of the following:
(A)CA Government Code § 6208.1(c)(1)(A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B)CA Government Code § 6208.1(c)(1)(B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.
(2)CA Government Code § 6208.1(c)(2) A participant whose home address, home telephone number, or image is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).
(d)CA Government Code § 6208.1(d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a participant or any person residing at the same home address.
(e)CA Government Code § 6208.1(e) Nothing in this section is intended to preclude prosecution under any other provision of law.
(f)CA Government Code § 6208.1(f) For the purposes of this section, the following terms are defined as follows:
(1)CA Government Code § 6208.1(f)(1) “Image” includes, but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted.
(2)CA Government Code § 6208.1(f)(2) “Program participant” means a person certified as a program participant in the manner described in Section 6206.
(3)CA Government Code § 6208.1(f)(3) “Publicly post” or “publicly display” means to communicate or otherwise make available to the general public.
home address disclosure public safety threat legal action injunctive relief monetary damages written demand for privacy internet privacy soliciting personal information selling personal information protection request program participant legal compensation imminent harm information privacy internet liability
(Amended by Stats. 2022, Ch. 686, Sec. 7. (AB 1726) Effective January 1, 2023.)

Section § 6208.2

Explanation

This law makes it illegal to share personal information, like a home address or phone number, of someone involved in a protective program (and their family) online or in public spaces, with the intent for it to be used to encourage violence or intimidation against them. Violating this law is a misdemeanor, leading to a fine up to $2,500 or up to six months in jail, or both. If the illegal posting results in bodily harm, the punishment increases to a fine up to $5,000 or up to one year in jail, or both. Additionally, breaking this law doesn't prevent someone from facing other legal charges.

(a)Copy CA Government Code § 6208.2(a)
(1)Copy CA Government Code § 6208.2(a)(1) No person shall post on the internet or any other public space, with the intent that another person imminently use that information to commit a crime involving violence, a threat of violence against, or to intimidate the participant or the program participant’s family members who are participating in the program, the home address, the telephone number, or personal identifying information of a program participant or the program participant’s family members who are participating in the program.
(2)CA Government Code § 6208.2(a)(2) A violation of this subdivision is a misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500), or imprisonment of up to six months in a county jail, or by both that fine and imprisonment.
(3)CA Government Code § 6208.2(a)(3) A violation of this subdivision that leads to the bodily injury of the program participant, or of any of the program participant’s family members who are participating in the program, is a misdemeanor punishable by a fine of up to five thousand dollars ($5,000), or imprisonment of up to one year in a county jail, or by both that fine and imprisonment.
(b)CA Government Code § 6208.2(b) Nothing in this section shall preclude prosecution under any other provision of law.
personal information disclosure internet privacy public space posting protective program intimidation online threat of violence bodily injury consequence misdemeanor penalty jail time fine for violations program participant protection participant family protection online safety laws criminal intent additional prosecution
(Amended by Stats. 2022, Ch. 686, Sec. 8. (AB 1726) Effective January 1, 2023.)

Section § 6208.5

Explanation

The Secretary of State in California will choose state, local, and nonprofit agencies that offer counseling and shelter services to victims of domestic violence, sexual assault, stalking, child abduction, human trafficking, and elder or dependent adult abuse. These agencies will help victims apply to be part of certain protection programs. While these agencies can provide support and advice, it should not be considered legal advice. This law takes effect on July 1, 2024.

(a)CA Government Code § 6208.5(a) The Secretary of State shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, child abduction, or human trafficking as well as agencies that serve victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code) to assist victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse applying to be program participants. The Secretary of State shall conduct outreach activities to identify and recruit the agencies. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice.
(b)CA Government Code § 6208.5(b) This section shall become operative on July 1, 2024.
victims assistance domestic violence services sexual assault support stalking resources child abduction help human trafficking counseling elder abuse protection dependent adult abuse aid counseling services shelter organizations nonprofit designation program participant assistance Secretary of State role legal advice interpretation outreach activities
(Repealed (in Sec. 8) and added by Stats. 2023, Ch. 642, Sec. 9. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6209

Explanation

This law allows the Secretary of State to create rules that help state and local agencies manage the tasks required by this chapter more effectively.

The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies.
Secretary of State rule adoption administration facilitation state agencies local agencies government rules regulatory authority agency management rulemaking process task management operational efficiency public administration policy implementation administrative rules governance
(Added by Stats. 1998, Ch. 1005, Sec. 2. Effective January 1, 1999.)

Section § 6209.5

Explanation

This law mandates that the Secretary of State must provide program participants with a notice in easy-to-read text. This notice tells them they can use a special address for property deeds to keep their home address private. It also explains they can set up a type of legal arrangement called a revocable living trust to keep their address hidden in property deals. They can change their legal name for extra confidentiality. Participants will receive contact information for support from legal and protective services organizations related to creating trusts or changing names. Starting January 1, 2023, this notice will be available in multiple languages and becomes effective on July 1, 2024.

(a)CA Government Code § 6209.5(a) The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information:
(1)CA Government Code § 6209.5(a)(1) The program participant is authorized by law to request to use the address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.
(2)CA Government Code § 6209.5(a)(2) The program participant may create a revocable living trust and place their real property into the trust to protect their residential street address from disclosure in real property transactions.
(3)CA Government Code § 6209.5(a)(3) The program participant may obtain a change of their legal name to protect their anonymity.
(4)CA Government Code § 6209.5(a)(4) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, domestic violence prevention organizations, human trafficking prevention organizations, child abduction prevention organizations, elder and dependent adult abuse prevention organizations, state and local agencies, or other nonprofit organizations that may be able to assist program participants.
(b)CA Government Code § 6209.5(b) Commencing January 1, 2023, the Secretary of State shall make the notice required by this section available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages.
(c)CA Government Code § 6209.5(c) This section shall become operative on July 1, 2024.
program participant Secretary of State real property deeds revocable living trust address privacy legal name change confidentiality contact information legal services domestic violence prevention human trafficking prevention elder abuse prevention multilingual notice property transactions trust creation
(Repealed (in Sec. 10) and added by Stats. 2023, Ch. 642, Sec. 11. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6209.6

Explanation

Starting January 1, 2023, the Secretary of State will provide information on their website about a program, including contact details for support programs for victims of elder or dependent adult abuse. They'll also offer sample application forms in English and other languages specified in another part of the law, with the option to add more languages if needed.

Commencing January 1, 2023, the Secretary of State shall maintain information about the program, contact information for community-based victims’ assistance programs and community-based assistance programs that serve victims of elder or dependent adult abuse that can assist a person in applying to participate in the program, and sample application forms on the secretary’s internet website. The sample application forms shall be available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the sample application forms available in additional languages.
Secretary of State website elder abuse assistance dependent adult abuse support sample application forms multilingual applications community-based assistance programs victims' assistance programs applying for program Section 1632 compliance language accessibility
(Added by Stats. 2021, Ch. 457, Sec. 4. (AB 277) Effective January 1, 2022.)

Section § 6209.7

Explanation

This law states that joining a specific program does not change custody or visitation orders already in place. If someone lies about their location to avoid these orders, they can be kicked out of the program and charged with a misdemeanor.

While enrolled, it's assumed that sharing a participant’s location information could reveal their actual address and endanger their safety, so this information is generally protected. However, this protection can be challenged if there is strong evidence showing disclosure wouldn’t lead to the address discovery or endanger the participant. Just wanting to know the address isn't enough of a reason for disclosure. If a court rules that this protection is lifted, they must explain why.

For legal processes requesting information, a person doesn't have to share their address unless a court orders it after the presumption is challenged successfully. Lastly, being in this program isn’t proof of any abuse or crimes when dealing with custody or visitation.

This law starts on July 1, 2024.

(a)CA Government Code § 6209.7(a) Nothing in this chapter, nor participation in this program, affects custody or visitation orders in effect before or during program participation. A program participant who falsifies their location in order to unlawfully avoid custody or visitation orders is subject to immediate termination from the program and is guilty of a misdemeanor.
(b)Copy CA Government Code § 6209.7(b)
(1)Copy CA Government Code § 6209.7(b)(1) The fact that a participant is registered with the program shall create a rebuttable presumption that disclosure of information about the participant’s location and activities during the period of the registration, including, but not limited to, the participant’s current and past residential, work, or school addresses and other location information, would lead to the discovery of the participant’s actual residential address or physical location, would endanger the safety of the participant, and is not authorized.
(2)CA Government Code § 6209.7(b)(2) This subdivision creates a presumption affecting the burden of producing evidence and may be rebutted by clear and convincing evidence showing, among other things, that discovery of the information about the participant’s location and activities would not lead to discovery of the participant’s actual residential address or physical location and would not endanger the safety of the participant. The presumption shall not be rebutted merely by the other parent’s desire to know the participant’s address, and the court shall weigh participant safety. If a court finds the presumption is rebutted, it shall provide its reasons on the record.
(3)CA Government Code § 6209.7(b)(3) This presumption shall also govern discovery requests under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure). A participant shall not be required to provide, in discovery, their residential address or other location information reasonably likely to lead to the discovery of these addresses, unless ordered to do so by a court after the other party has rebutted the presumption against disclosure of this information.
(c)CA Government Code § 6209.7(c) Participation in the program does not constitute evidence of domestic violence, stalking, sexual assault, human trafficking, child abduction, or elder or dependent adult abuse for purposes of making custody or visitation orders.
(d)CA Government Code § 6209.7(d) This section shall become operative on July 1, 2024.
custody orders visitation rights location disclosure falsifying location program participation misdemeanor offense rebuttable presumption participant safety address protection evidence burden court ruling burden of evidence Civil Discovery Act discovery requests domestic violence evidence
(Repealed (in Sec. 12) and added by Stats. 2023, Ch. 642, Sec. 13. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)

Section § 6210

Explanation

This law section outlines the reporting duties of the Secretary of State regarding a specific program. Each year by January 10, the Secretary must report to the Legislature about how many people applied to the program, the number of participants in each county, and any allegations of election misuse related to the program. Additionally, by January 1, 2004, another report is required to include details like the total mail forwarded to participants, total participant numbers, those who changed their name confidentially, how long participants stay in the program, and suggested improvements for efficiency and cost-effectiveness. The program began accepting applications on July 1, 1999.

(a)CA Government Code § 6210(a) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this chapter. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes.
(b)CA Government Code § 6210(b) The Secretary of State shall commence accepting applications and other activities under this program on July 1, 1999.
(c)CA Government Code § 6210(c) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature by January 1, 2004, a report that includes the total number of pieces of mail forwarded to program participants, the number of program participants during the program’s duration, the number of program participants who obtained a confidential name change pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure, the average length of time a participant remains in the program, and the targeted code changes needed to improve the program’s efficiency and cost-effectiveness.
Secretary of State reporting duties applications received program participants county participant data election misuse allegations mail forwarding to participants confidential name change program duration statistics efficiency improvements cost-effectiveness improvements program commencement date annual report January 10 report deadline January 1 2004 report state legislative reports
(Amended by Stats. 2000, Ch. 33, Sec. 9. Effective January 1, 2001.)