SB0885112th GA (Historical)Introduced

Amends TCA Title 40, Chapter 38, Part 6.

This bill revises various provisions of the home address confidentiality program, as follows: (1) Redefines program participant. Present law defines "program participant" as person who is certified by the secretary of state as a program participant. This bill redefines the term to mean a person who is certified by the secretary of state as a program participant and who is an applicant, co-applicant, the child of an applicant or co-applicant, or a person with a disability for whom an applicant or co-applicant serves as a fiduciary; (2) Removes the state residency requirement. Present law requires that the program be open to all Tennessee residents who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy the requirements of the law governing the program, at no cost to the program participant. This bill removes the reference to "Tennessee residents" and specifies that the program is open to coapplicants, the children of an applicant or co-applicant living at the same address as the applicant or co-applicant, and persons with disabilities for whom an applicant or coapplicant serves as a fiduciary and are living at the same address as the applicant or coapplicant if those persons satisfy the requirements of the law governing the program; (3) Provides an exemption to the provision whereby a certification is cancelled if a participant does not move. Under present law, an applicant must submit a sworn statement that the applicant, or the minor or person with a disability on whose behalf the application is made, has the present intent to move to a new address unknown to the offender within the following 90 calendar days. If the applicant does not move to a new address within the following 90 calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, the program participant's certification is cancelled; this bill adds that this cancellation provision will not apply if the secretary of state determines that the program participant is currently residing at a shelter or a similar facility; (4) Establishes the process for co-applicants. Under this bill, except for persons who are required to register under one of the state's various criminal offender registries, and, thus, are disqualified from being an applicant, a co-applicant may apply to the secretary of state with the assistance of an application assistant to use the same substitute address as an applicant with whom the co-applicant resides. This bill sets out in detail the application process and information to be included in the application and the requirements for program participation (all of which is similar to that applicable to an applicant under present law); and (5) Provides for cancellation of the certification of a program participant if the program participant, who applied to participate in the program as a coapplicant, no longer has a legal spousal, parental, or fiduciary relationship that would qualify them to participate in the program as a co-applicant; or the program participant, who applied to participate in the program as a coapplicant, no longer resides at the same residence as the applicant with whom the coapplicant applied. These grounds for cancellation will be in addition to other grounds for cancellation under present law.

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Overview

This bill revises various provisions of the home address confidentiality program, as follows: (1) Redefines program participant. Present law defines "program participant" as person who is certified by the secretary of state as a program participant. This bill redefines the term to mean a person who is certified by the secretary of state as a program participant and who is an applicant, co-applicant, the child of an applicant or co-applicant, or a person with a disability for whom an applicant or co-applicant serves as a fiduciary; (2) Removes the state residency requirement. Present law requires that the program be open to all Tennessee residents who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy the requirements of the law governing the program, at no cost to the program participant. This bill removes the reference to "Tennessee residents" and specifies that the program is open to coapplicants, the children of an applicant or co-applicant living at the same address as the applicant or co-applicant, and persons with disabilities for whom an applicant or coapplicant serves as a fiduciary and are living at the same address as the applicant or coapplicant if those persons satisfy the requirements of the law governing the program; (3) Provides an exemption to the provision whereby a certification is cancelled if a participant does not move. Under present law, an applicant must submit a sworn statement that the applicant, or the minor or person with a disability on whose behalf the application is made, has the present intent to move to a new address unknown to the offender within the following 90 calendar days. If the applicant does not move to a new address within the following 90 calendar days or fails to provide documentary evidence of the new residence address to the secretary of state within this time frame, the program participant's certification is cancelled; this bill adds that this cancellation provision will not apply if the secretary of state determines that the program participant is currently residing at a shelter or a similar facility; (4) Establishes the process for co-applicants. Under this bill, except for persons who are required to register under one of the state's various criminal offender registries, and, thus, are disqualified from being an applicant, a co-applicant may apply to the secretary of state with the assistance of an application assistant to use the same substitute address as an applicant with whom the co-applicant resides. This bill sets out in detail the application process and information to be included in the application and the requirements for program participation (all of which is similar to that applicable to an applicant under present law); and (5) Provides for cancellation of the certification of a program participant if the program participant, who applied to participate in the program as a coapplicant, no longer has a legal spousal, parental, or fiduciary relationship that would qualify them to participate in the program as a co-applicant; or the program participant, who applied to participate in the program as a coapplicant, no longer resides at the same residence as the applicant with whom the coapplicant applied. These grounds for cancellation will be in addition to other grounds for cancellation under present law.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
50584295

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