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.