State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0494

HB1188 Enrolled                                LRB9103610MWpr

    AN ACT to create the Address Confidentiality for  Victims
of Domestic Violence Act.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Address Confidentiality for Victims of Domestic Violence Act.

    Section  5.  Legislative  findings.  The General Assembly
finds that  persons  attempting  to  escape  from  actual  or
threatened   domestic   violence   frequently  establish  new
addresses in order to prevent their  assailants  or  probable
assailants  from  finding them. The purpose of this Act is to
enable State and local agencies to respond  to  requests  for
public records without disclosing the location of a victim of
domestic violence, to enable interagency cooperation with the
Attorney  General  in  providing  address confidentiality for
victims of domestic violence, and to enable State  and  local
agencies  to accept a program participant's use of an address
designated by the Attorney General as  a  substitute  mailing
address.

    Section   10.  Definitions.   In  this  Act,  unless  the
context otherwise requires:
    "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 Act.
    "Program  participant"  means  a  person  certified  as a
program participant under this Act.
    "Domestic violence"  has  the  same  meaning  as  in  the
Illinois  Domestic Violence Act of 1986 and includes a threat
of domestic violence against  an  individual  in  a  domestic
situation,  regardless  of  whether  the domestic violence or
threat has been reported to law enforcement officers.

    Section     11.    Address    confidentiality    program;
administration. Subject to appropriations for the purposes of
this  Act,  the  Attorney General shall administer an address
confidentiality program for victims of domestic violence.

    Section     15.  Address     confidentiality     program;
application; certification.
    (a) An adult person,  a  parent  or  guardian  acting  on
behalf  of  a  minor,  or  a  guardian  acting on behalf of a
disabled person, as defined in Article 11a of the Probate Act
of 1975, may apply to the Attorney General to have an address
designated by the Attorney  General  serve  as  the  person's
address  or  the address of the minor or disabled person. The
Attorney General shall approve an application if it is  filed
in the manner and on the form prescribed by him or her and if
it contains:
         (1)  a  sworn  statement  by  the applicant that the
    applicant  has  good  reason  to  believe  (i)  that  the
    applicant, or the  minor  or  disabled  person  on  whose
    behalf  the  application is made, is a victim of domestic
    violence; and (ii) that the applicant fears  for  his  or
    her safety or his or her children's safety, or the safety
    of  the  minor  or  disabled  person  on whose behalf the
    application is made;
         (2)  a designation of the Attorney General as  agent
    for purposes of service of process and receipt of mail;
         (3)  the  mailing address where the applicant can be
    contacted by the Attorney General, and the  phone  number
    or  numbers  where  the  applicant   can be called by the
    Attorney General;
         (4)  the new address or addresses that the applicant

    requests not be disclosed for the reason that  disclosure
    will increase the risk of domestic violence; and
         (5)  the  signature  of  the  applicant  and  of any
    individual or representative of any office designated  in
    writing  under Section 40 of this Act who assisted in the
    preparation of the application, and the date on which the
    applicant signed the application.
    (b)  Applications shall be filed with the office  of  the
Attorney General.
    (c)  Upon  filing  a  properly completed application, the
Attorney General shall certify the  applicant  as  a  program
participant.  Applicants  shall  be  certified  for  4  years
following  the  date  of  filing  unless the certification is
withdrawn or  invalidated  before  that  date.  The  Attorney
General shall by rule establish a renewal procedure.
    (d)  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 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 Class 3 felony.

    Section 20.  Certification cancellation.
    (a)  If the program participant obtains a name change, he
or she loses certification as a program participant.
    (b)  The   Attorney   General   may   cancel   a  program
participant's certification if  there  is  a  change  in  the
residential  address  from the one listed on the application,
unless the program participant provides the Attorney  General
within 7 days notice before the change of address.
    (c)  The  Attorney  General may cancel certification of a
program participant if mail forwarded by the Attorney General
to  the  program  participant's  address   is   returned   as
nondeliverable.
    (d)  The Attorney General shall cancel certification of a
program participant who applies using false information.

    Section 25.  Agency use of designated address.
    (a)  A  program  participant  may  request that State and
local agencies use the address  designated  by  the  Attorney
General  as  his  or  her address. When creating a new public
record, State and local agencies  shall  accept  the  address
designated by the Attorney General as a program participant's
substitute   address,   unless   the   Attorney  General  has
determined that:
         (1)  the  agency  has  a  bona  fide  statutory   or
    administrative  requirement  for  the  use of the address
    that would otherwise be confidential under this Act; and
         (2)  this  address  will  be  used  only  for  those
    statutory and administrative purposes.
    (b)  A program participant may use the address designated
by the Attorney General as his or her work address.
    (c)  The office of the Attorney General shall forward all
first class mail to the appropriate program participants.

    Section  30.  Voting  by  program  participant;  use   of
designated address by election authority.
    (a)  A  program participant who is otherwise qualified to
vote may apply to vote under Article 20 of the Election Code.
The program participant shall automatically receive  absentee
ballots for all elections in the jurisdictions for which that
individual  resides in the same manner as absentee voters who
qualify under Article 20 of the Election Code.   The Attorney
General shall adopt rules to  ensure  the  integrity  of  the
voting   process  and  the  confidentiality  of  the  program
participant.   The  election  authority  shall  transmit  the
absentee  ballot  to  the  program participant at the address
designated by the participant  in  his  or  her  application.
Neither  the  name  nor  the address of a program participant
shall be included in any list of registered voters  available
to the public.
    (b)  The    election   authority   may   not   make   the
participant's address contained in voter registration records
available for public inspection or copying except  under  the
following circumstances:
         (1)  if  requested  by  a law enforcement agency, to
    the law enforcement agency; and
         (2)  if directed by  a  court  order,  to  a  person
    identified in the order.

    Section    35.  Disclosure    of    address   prohibited;
exceptions.
    The Attorney General may not make a program participant's
address, other than the address designated  by  the  Attorney
General,  available  for  inspection or copying, except under
the following circumstances:
    (a)  if requested by a law enforcement agency, to the law
enforcement agency;
    (b)  if directed by a court order, to a person identified
in the order; and
    (c)  if certification has been canceled.

    Section 40.  Assistance for program applicants.
    The Attorney General  shall  designate  State  and  local
agencies  and  nonprofit agencies that provide counseling and
shelter services to victims of domestic  violence  to  assist
persons  applying  to be program participants. Any assistance
and counseling rendered by the office of the Attorney General
or its designees to applicants shall in no way  be  construed
as legal advice.
    Section 45.  Rules.  The Attorney General may adopt rules
to  facilitate  the  administration  of this Act by State and
local agencies.

    Section 100.  The Election Code is  amended  by  changing
Section 20-3 as follows:

    (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
    Sec.  20-3.  The  election  authority  shall  furnish the
following applications for absentee registration or  absentee
ballot  which  shall be considered a method of application in
lieu of the official postcard.
    1.  Members of the United States Service, and citizens of
the  United   States   temporarily   residing   outside   the
territorial  limits  of  the  United  States,  and  certified
program  participants  under  the Address Confidentiality for
Victims of Domestic Violence Act may make application  within
the  periods  prescribed  in  Sections 20-2 or 20-2.1, as the
case may be. Such application shall be substantially  in  the
following form:
                   "APPLICATION FOR BALLOT
    To  be voted at the............  election in the precinct
in which is located my residence  at...............,  in  the
city/village/township  of  ............(insert  home address)
County of...........  and State of Illinois.
    I state that I am a citizen of the United States; that on
(insert date of election) I shall have resided in  the  State
of  Illinois   and in the election precinct for 30 days; that
on the above date I shall be the age of 18  years  or  above;
that  I am lawfully entitled to vote in such precinct at that
election; that I am (check category 1, or 2, or 3 below):
    1.  (  ) a member of the United States Service,
    2.  (  ) a  citizen  of  the  United  States  temporarily
residing  outside the territorial limits of the United States
and that I expect to be absent from the  said  county  of  my
residence  on  the  date of holding such election, and that I
will have no opportunity to vote in person on that day.
    3.  (  )   a  certified  program  participant  under  the
Address Confidentiality for Victims of Domestic Violence Act.
    I  hereby  make  application  for  an  official ballot or
ballots to be voted by me at such election  if  I  am  absent
from  the  said  county  of  my residence, and I agree that I
shall return said ballot or ballots to the election authority
prior to the closing of the polls on the date of the election
or shall destroy said ballot or ballots.
    (Check below only if category 2 or 3 and  not  previously
registered)
    (  )  I hereby make application to become registered as a
voter  and  agree  to  return  the  forms  and affidavits for
registration to the election authority not later than 30 days
before the election.
    Under penalties as provided by law pursuant to Article 29
of The Election Code,  the  undersigned  certifies  that  the
statements  set  forth  in  this  application  are  true  and
correct.
                                    .........................
    Post   office   address   or  service  address  to  which
registration materials or ballot should be mailed
                                    .........................
                                    .........................
                                    .........................
                                    ........................"
    If application is made for  a  primary  election  ballot,
such  application  shall  designate the name of the political
party with which the applicant is affiliated.
    Such applications  may  be  obtained  from  the  election
authority  having  jurisdiction over the person's precinct of
residence.
    2.  A spouse or dependent  of  a  member  of  the  United
States  Service,  said spouse or dependent being a registered
voter in the county, may make application on behalf  of  said
person  in  the  office  of the election authority within the
periods  prescribed  in   Section   20-2   which   shall   be
substantially in the following form:
"APPLICATION   FOR  BALLOT  to  be  voted  at  the...........
election in the precinct in which is located the residence of
the   person   for   whom   this    application    is    made
at.............(insert     residence    address)    in    the
city/village/township of.........   County  of..........  and
State of Illinois.
    I certify that the following named person................
(insert  name  of  person)  is  a member of the United States
Service.
    I state that said person  is  a  citizen  of  the  United
States;  that  on (insert date of election) said person shall
have resided in the State of Illinois  and  in  the  election
precinct for which this application is made for 30 days; that
on the above date said person shall be the age of 18 years or
above;  that said person is lawfully entitled to vote in such
precinct at that election; that said person is  a  member  of
the  United  States  Service,  and  that in the course of his
duties said person expects to be absent from  his  county  of
residence on the date of holding such election, and that said
person  will  have  no  opportunity to vote in person on that
day.
    I hereby make  application  for  an  official  ballot  or
ballots  to be voted by said person at such election and said
person agrees that he shall return said ballot or ballots  to
the  election  authority prior to the closing of the polls on
the day of the election, or  shall  destroy  said  ballot  or
ballots.
    I  hereby  certify that I am the (mother, father, sister,
brother, husband or wife) of the said elector, and that I  am
a  registered  voter  in the election precinct for which this
application is made. (Strike all but one that is applicable.)
    Under penalties as provided by law pursuant to Article 29
of The Election Code,  the  undersigned  certifies  that  the
statements  set  forth  in  this  application  are  true  and
correct.
                    Name of applicant  ......................
                Residence address    ........................
                City/village/township........................
    Service address to which ballot should be mailed:
                                    .........................
                                    .........................
                                    .........................
                                    ........................"
    If  application  is  made  for a primary election ballot,
such application shall designate the name  of  the  political
party  with  which the person for whom application is made is
affiliated.
    Such applications  may  be  obtained  from  the  election
authority  having  jurisdiction  over  the voting precinct in
which the person for whom application is made is entitled  to
vote.
(Source: P.A. 81-0155; 81-0953; 81-1509.)

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