Indicates Matter Stricken

Indicates New Matter

Amended

April 13, 2023

S. 147

Introduced by Senator Shealy, Gustafson, Senn, Goldfinch and Campsen

S. Printed 04/13/23--S.                                                                        [SEC 4/14/2023 12:46 PM]

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by adding Section 16-25-130 so as to ESTABLISH THE ADDRESS CONFIDENTIALITY PROGRAM WHEREBY A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, HUMAN TRAFFICKING, STALKING, HARASSMENT, OR SEXUAL OFFENSES MAY USE A DESIGNATED ADDRESS RATHER THAN HIS RESIDENTIAL ADDRESS TO CONCEAL HIS PLACE OF RESIDENCE FROM HIS ASSAILANTS OR PROBABLE ASSAILANTS, TO PROVIDE THAT THE PROGRAM SHALL BE ADMINISTERED BY THE ATTORNEY GENERAL, TO PROVIDE FOR THE PROCESS THROUGH WHICH A PERSON MAY PARTICIPATE IN THE PROGRAM, AND TO DEFINE NECESSARY TERMS; by adding Section 16-3-1656 so as to REQUIRE NONPROFIT VICTIM ASSISTANCE ORGANIZATIONS THAT SERVE VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, HUMAN TRAFFICKING, STALKING, HARASSMENT, OR SEXUAL OFFENSES TO PROTECT THE CONFIDENTIALITY AND PRIVACY OF CLIENTS, WITH EXCEPTIONS; and by adding section 19-11-110 so as to prohibit employees, agents, or volunteers of such organizations from testifying in actions or proceedings about communications made by a client or records kept during the course of providing services to the client, with exceptions, and for other purposes.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Article 1, Chapter 25, Title 16 of the S.C. Code is amended by adding:

    Section 16-25-130. (A) For the purposes of this section:

        (1) "Address" means the residential street address, school address, or work address of an individual, as specified on the application for a program participant under this section.

        (2) "Address confidentiality program" or "program" means the address confidentiality program established by this section.

       (3) "Application assistant" means an employee of an agency or nonprofit organization who provides counseling, referral, shelter, or other specialized services to victims of domestic violence, dating violence, human trafficking, sexual offenses, stalking, or harassment and who has been designated by the Attorney General to assist persons with applications to participate in the address confidentiality program.

       (4) "Designated address" means the address assigned to a program participant by the Attorney General pursuant to this section.

        (5) "Domestic violence" means any act that is described in Chapter 25, Title 16.

       (6) "Human trafficking" has the same meaning as provided in Article 19, Chapter 3, Title 16.

       (7) "Mailing address" means an address that is recognized for delivery by the United States Postal Service.

        (8) "Program participant" means a person certified by the Attorney General to participate in the program.

        (9) "Sexual offense" means any act that is described in Articles 7 and 8 of Chapter 3, Title 16.

        (10) "Stalking" has the same meaning as provided in Article 17, Chapter 3, Title 16.

       (11) "Harassment" has the same meaning as provided in Article 17, Chapter 3, Title 16.

    (B) The address confidentiality program is established to protect victims of domestic violence, human trafficking, stalking, harassment, or sexual offenses by authorizing the use of designated addresses for such victims. The program is administered by the Attorney General under the following application and certification procedures:

        (1) Upon the recommendation of an application assistant, the following persons may apply to the Attorney General for assignation of a designated address:

           (a) an individual;

           (b) a parent, guardian, custodian, legal counsel, or other appropriate adult acting on behalf of a minor; or

           (c) a guardian acting on behalf of an incapacitated person.

        (2) The Attorney General may approve an application only if it is filed with the Office of the Attorney General in the manner established and on a form prescribed by the Attorney General. A completed application must contain:

            (a) the application's preparation date, the applicant's signature, and the signature and victim service provider number of the application assistant who assisted the applicant in applying to be a program participant;

            (b) a designation of the Attorney General as agent for the purposes of service of process and for receipt of first-class, certified or registered mail;

            (c) the mailing address where the applicant may be contacted by the Attorney General or his designee and the telephone number or numbers at which the applicant may be called by the Attorney General or his designee; and

            (d) one or more addresses or mailing addresses that the applicant requests be concealed, if disclosure may jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household.

        (3) Upon receipt of a properly completed application, the Attorney General may certify the applicant as a program participant. A program participant is certified for four years following the date of initial certification unless the certification is withdrawn or invalidated before that date. The Attorney General shall send notification of lapsing certification and a reapplication form to a program participant at least four weeks prior to the expiration of the program participant's certification.

        (4) The Attorney General shall forward first-class, certified, or registered mail to the appropriate program participants.

        (5)(a) An applicant may not file an application knowing that it:

                (i) contains false or incorrect information; or

               (ii) falsely claims that disclosure of the address or mailing address listed in the application threatens the safety of the applicant, the applicant's children, or the minor or incapacitated person on whose behalf the application is made.