Citations Affected: IC 3-11; IC 5-26.5.
Synopsis: Address confidentiality program. Conference committee report to ESB 448.
Establishes an address confidentiality program in the office of the attorney general. Makes the
program available to individuals (including minors and incapacitated persons represented by a
parent or guardian) who have obtained a protective order to protect them from domestic violence
and wish to keep their addresses confidential from their abusers. Prescribes guidelines for the
administration of the program. Provides that an address designated by the office of the attorney
general serves as the individual's address for purposes of: (1) service of process; and (2) receipt
of mail. Enables the individual to vote without making the individual's address available to the
public. Requires the address of the individual who participates in the program to remain
confidential except under certain circumstances. Specifies that an individual who provides false
or incorrect information on a program application commits perjury. Requires the office of the
attorney general to designate certain agencies that provide services to victims of domestic
violence to assist an individual who applies to the program. Creates an address confidentiality
fund to accept donations, grants or appropriations. (This conference committee report deletes the
requirement that a program participant must have a valid protective order to remain in the
program and establishes a two year certification renewal cycle and adds the requirement that a
program participant must be a domiciliary of Indiana.)
Effective: July 1, 2001.
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 448 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
certification expired under section 6(a)(1) of this chapter.
(b) The office of the attorney general shall notify the program
participant of the expiration date at least thirty (30) days before
the expiration date.
(c) The office of the attorney general shall approve an application
for renewal of certification filed in the manner and on a form
prescribed by the office of the attorney general if the application
contains the requirements set forth in section 2 of this chapter.
However, a program participant who applies for renewal of
certification under this section does not have to provide a copy of
a valid protective order except as provided in section 9 of this
chapter.
Sec. 8. (a) This section applies to a program participant whose
certification expired under section 6(a)(2) of this chapter.
(b) A program participant may apply to renew the certification
on a form prescribed by the office of the attorney general. The
office of the attorney general may approve the application if the
requirements set forth in section 2 of this chapter are satisfied. The
office of the attorney general may not approve the application
unless a new protective order has been issued to replace the
protective order on which the initial certification as a program
participant was based.".
Page 6, line 4, after "perjury." insert " This section applies to an
application for certification under section 2 of this chapter and to
an application for renewal of certification under section 7 or 8 of
this chapter.".
Page 7, line 21, delete "5-26.5-2-10," and insert " 5-26.5-2-7 or
IC 5-26.5-2-8,".
Page 7, line 24, delete "has expired or".
Page 7, line 24, after "terminated" delete "." and insert " or otherwise
invalidated.".
Page 7, delete lines 25 through 28.
Page 7, line 29, delete "7." and insert " 6."
(Reference is to ESB 448 as reprinted April 10, 2001.)
____________________________ ____________________________
Senator KenleyRepresentative Kruzan
Chairperson
____________________________ ____________________________
Senator SimpsonRepresentative Budak
Senate Conferees House Conferees