Victims' Rights - As enacted, requires the secretary of state to establish a crime victim address confidentiality program for victims of domestic abuse, stalking, human trafficking, and sexual offenses; establishes how a substitute address may be used by a program participant in lieu of a confidential address. - Amends TCA Title 2; Title 10, Chapter 7; Title 39 and Title 40, Chapter 38.
SB1935 has been assigned Public Chapter Number 1004 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1935Date
    Effective date(s) 05/21/2018; 03/01/201905/23/2018
    Pub. Ch. 100405/23/2018
    Signed by Governor.05/21/2018
    Transmitted to Governor for action.05/09/2018
    Signed by H. Speaker05/08/2018
    Signed by Senate Speaker05/01/2018
    Enrolled and ready for signatures04/30/2018
    Sponsor(s) Added.04/24/2018
    Passed H., Ayes 94, Nays 0, PNV 004/23/2018
    Am. withdrawn. (Amendment 2 - HA1255)04/23/2018
    Am. withdrawn. (Amendment 1 - HA0737)04/23/2018
    Subst. for comp. HB.04/23/2018
    Engrossed; ready for transmission to House04/23/2018
    Passed Senate as amended, Ayes 32, Nays 004/23/2018
    Senate adopted Amendment (Amendment 1 - SA0666)04/23/2018
    Placed on Senate Regular Calendar calendar for 4/23/201804/19/2018
    Recommended for passage, refer to Senate Calendar Committee04/18/2018
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/18/201804/18/2018
    Action deferred in Senate Finance, Ways, and Means Committee to 4/18/201804/17/2018
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/17/201804/13/2018
    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 002/28/2018
    Placed on Senate Judiciary Committee calendar for 2/28/201802/28/2018
    Action deferred in Senate Judiciary Committee to 2/28/201802/27/2018
    Placed on Senate Judiciary Committee calendar for 2/27/201802/21/2018
    Sponsor(s) Added.02/21/2018
    Passed on Second Consideration, refer to Senate Judiciary Committee02/01/2018
    Introduced, Passed on First Consideration01/31/2018
    Filed for introduction01/29/2018
    Actions For HB2025Date
    Comp. became Pub. Ch. 100405/23/2018
    Comp. SB subst.04/23/2018
    H. Placed on Regular Calendar for 4/19/201804/18/2018
    Placed on cal. Calendar & Rules Committee for 4/18/201804/18/2018
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/18/2018
    Rec. for pass; ref to Calendar & Rules Committee04/18/2018
    Placed on cal. Finance, Ways & Means Committee for 4/18/201804/18/2018
    Rec for pass if am by s/c ref. to Finance, Ways & Means Committee04/18/2018
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/18/1804/11/2018
    Sponsor(s) Added.04/11/2018
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/13/201804/04/2018
    Placed behind the budget03/21/2018
    Placed on s/c cal Finance, Ways & Means Subcommittee for 3/21/201803/14/2018
    Assigned to s/c Finance, Ways & Means Subcommittee03/14/2018
    Rec. for pass; ref to Finance, Ways & Means Committee03/14/2018
    Placed on cal. Government Operations Committee for 3/14/201803/07/2018
    Action def. in Government Operations Committee to 3/14/201803/07/2018
    Sponsor(s) Added.03/06/2018
    Placed on cal. Government Operations Committee for 3/7/201802/28/2018
    Rec. for pass. if am., ref. to Government Operations Committee02/27/2018
    Sponsor(s) Added.02/27/2018
    Sponsor(s) Added.02/22/2018
    Placed on cal. Civil Justice Committee for 2/27/201802/21/2018
    Rec. for pass by s/c ref. to Civil Justice Committee02/21/2018
    Placed on s/c cal Civil Justice Subcommittee for 2/21/201802/14/2018
    Sponsor(s) Added.02/14/2018
    Sponsor(s) Added.02/12/2018
    Assigned to s/c Civil Justice Subcommittee02/05/2018
    P2C, ref. to Civil Justice Committee-- Government Operations for Review02/01/2018
    Intro., P1C.01/31/2018
    Filed for intro.01/30/2018
  • AmendmentsFiscal Memos
    SA0666Amendment 1-0 to SB1935Fiscal Memo for SA0666 (13976)  
    AmendmentsFiscal Memos
    HA0737Amendment 1-1 to HB2025Fiscal Memo for HA0737 (13955)  
    HA1255Amendment 2-1 to HB2025Fiscal Memo for HA1255 (13976)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1935

  • Fiscal Summary

    Increase State Expenditures - Exceeds $100,100


    Bill Summary

    This bill requires the secretary of state to establish a crime victim address confidentiality program, which shall be open to a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfies the requirements of this bill, at no cost to the program participant. This program will provide the participant with the use of a substitute address for the participant and the participant's minor children and not disclose the participant's name, confidential address, phone number, or any other information contained within the program participant's file except as otherwise provided by this bill.

    Generally, participation in the program will be limited to situations where:

    (1) There is an ongoing criminal case that may result or has resulted in a conviction by a judge or jury or by a defendant's guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application is filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense;
    (2) A court of competent jurisdiction has granted an order of protection or an ex parte protection order to the applicant, or the minor or person with a disability on whose behalf the application is made, and which is in effect at the time of application; or
    (3) A licensed professional with knowledge of the circumstances, such as an attorney, social worker, or therapist, provides a notarized statement confirming that such individual believes that the applicant, or the minor or person with a disability on whose behalf the application is made, is in danger of further harm.

    A substitute address may be used to satisfy sworn statements, on a driver license or photo ID, and to establish residency. Where residency must be verified in order to establish eligibility for public benefits, the governmental entity requiring verification must submit a written request to the secretary of state and the secretary of state must provide the governmental entity with a statement as to whether the program participant, or the program participant's minor child, or a person with a disability on whose behalf the person is applying, is eligible for benefits, based on the information known to the secretary of state.

    This bill prohibits the use of a substitute address:

    (1) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or
    (2) On any document related to real property recorded with a county clerk and recorder.

    Subject to certain exceptions in this bill, a program participant's confidential address, and any other information contained within a program participant's file, maintained by a state or local government agency, or disclosed by the secretary of state under this bill, is not a public record. This confidential records requirement does not apply:

    (1) To any public record created more than 30 days prior to the date that the program participant applied to be certified in the program; or
    (2) If a program participant voluntarily requests that a government agency use the participant's confidential address or voluntarily gives the confidential address to the government agency, except voter registration records and absentee ballot requests shall be confidential.

    Persons who are required to be registered on the sex offender registry; animal abuser registry; registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals; or drug offender registry are ineligible for participation in the address confidentiality program.

    The full text of this bill describes in detail the requirements to apply for participation in the address confidentiality program, including execution of a release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program, except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner.

    Upon receiving a properly completed application, the secretary of state will be required to:

    (1) Certify the applicant, or the minor or person with a disability on whose behalf the application is filed, as a program participant and provide evidence of such certification to the program participant;
    (2) Designate each eligible address listed in the application as a confidential address;
    (3) Issue the program participant a unique substitute address;
    (4) Issue the program participant a unique program participant identification number;
    (5) Provide information to the program participant concerning the manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process;
    (6) Provide information to the program participant concerning the process to vote as a program participant, if the program participant is eligible to vote; and
    (7) Forward all first class mail, legal documents, and certified mail received by the secretary of state to the program participant.

    A certification to participate in the program will be valid for four years and the program participant will be responsible for updating any changed information with the secretary of state. A certification to participate in the program may be renewed.

    Upon request of a program participant, a government entity will generally be required to use the program participant's substitute address. A program participant may request that a private entity use the substitute address.

    A program participant who wishes to vote and keep their residence address confidential must vote by absentee ballot through the mail.

    Program participants will be exempt from selection for state and municipal jury duty.

    This bill lists seven circumstances under which the secretary of state must cancel a person's participation in the program following notice. A person whose participation in the program is involuntarily canceled may appeal the cancellation.

    A program participant may voluntarily withdraw from the program.

    Generally, the secretary of state may only disclose a program participant's confidential address if directed by judicial order, requested by law enforcement, or requested by a director of a state or federal agency and the secretary of state determines that there exists a bona fide legal or administrative requirement of the use of the program participant's confidential address such that the director is unable to fulfill legal duties and obligations without the confidential address. This bill specifies a process for authorized parties to request a program participant's confidential address, including an appeal procedure in the event that the secretary of state denies the request.

    A person who falsely attests in an application that disclosure of the confidential address would endanger the safety of the applicant, or the minor or person with a disability on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application commits perjury.

    Any individual who knowingly discloses a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this bill commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm will be considered an enhancement factor when determining any punishment imposed.

    Any individual who knowingly obtains a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this bill, knowing that the individual is not authorized to obtain the information, commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed.

    This bill requires the secretary of state to establish a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants.

    This bill specifies that:

    (1) Nothing in this bill, including participation in the program, affects custody or visitation orders in effect prior to or during program participation; and
    (2) Program participation does not constitute evidence of domestic abuse, stalking, human trafficking, or any sexual offense and shall not be considered for purposes of making an order allocating parental responsibilities or parenting time, except that a court may consider practical measures to keep a program participant's confidential address confidential when making an order allocating parental responsibilities or parenting time.

    A program participant does not have a cause of action to sue the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality in the event of negligent disclosure of a program participant's confidential address. In the event that the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality negligently or otherwise unlawfully discloses the program participant's confidential address, such entity must immediately upon learning of the disclosure notify the program participant of the disclosure and the full extent of the disclosure.

    This bill authorizes the secretary of state to promulgate rules to implement the program.

    This bill takes effect upon becoming a law for the purpose of promulgating rules and March 1, 2019, for all other purposes.

    ON APRIL 23, 2018, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1935, AS AMENDED.

    AMENDMENT #1 changes the requirements for documentary evidence that must be included in an application for a substitute address by deleting a reference to an ex parte protection order and by clarifying that there must be an ongoing criminal case that may result or a criminal case that has resulted in a conviction or guilty plea, in which the applicant, or the minor or person with a disability on whose behalf the application was filed, was a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense.

  • FiscalNote for SB1935/HB2025 filed under SB1935
  • House Floor and Committee Votes

    House moved to substitute and conform to SB1935

    SB1935 by Kelsey - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/23/2018
    Passed
              Ayes...............................................94
              Noes................................................0

              Representatives voting aye were: Akbari, Alexander, Beck, Boyd, Brooks H, Brooks K, Butt, Byrd, Calfee, Camper, Carr, Carter, Casada, Clemmons, Coley, Cooper, Crawford, Curcio, Daniel, DeBerry, Doss, Dunn, Eldridge, Faison, Favors, Fitzhugh, Forgety, Gant, Goins, Gravitt, Halford, Hardaway, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Jernigan, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Love, Lynn, Marsh, Matheny, Matlock, McDaniel, Miller, Mitchell, Moody, Moon, Parkinson, Pitts, Powers, Ragan, Ramsey, Reedy, Rogers, Rudd, Sanderson, Sargent, Sexton J, Shaw, Sherrell, Smith, Sparks, Staples, Stewart, Terry, Thompson, Tillis, Towns, Travis, Turner, VanHuss, Vaughan, Weaver, White D, White M, Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 94.

              HB2025 by Farmer - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/19/2018 4/18/2018
              Voice Vote - Ayes Prevail

              HB2025 by Farmer - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/18/2018
              Voice Vote - Ayes Prevail

              HB2025 by Farmer - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Finance, Ways & Means Committee 4/18/2018
              Voice Vote - Ayes Prevail

              HB2025 by Farmer - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Rec. for pass; ref to Finance, Ways & Means Committee 3/14/2018
              Voice Vote - Ayes Prevail

              HB2025 by Farmer - HOUSE JUDICIARY COMMITTEE:
    Rec. for pass. if am., ref. to Government Operations Committee 2/27/2018
              Voice Vote - Ayes Prevail

              HB2025 by Farmer - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Civil Justice Committee 2/21/2018
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB1935 by Kelsey - FLOOR VOTE: as Amended Third Consideration 4/23/2018
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Gresham, Haile, Harper, Harris, Hensley, Jackson, Johnson, Kelsey, Ketron, Kyle, Lundberg, Massey, Niceley, Norris, Pody, Reeves, Roberts, Southerland, Stevens, Swann, Tate, Watson, Yager, Yarbro, Mr. Speaker McNally -- 32.

    SB1935 by Kelsey - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage, refer to Senate Calendar Committee 4/18/2018
    Passed
              Ayes...............................................10
              Noes................................................0

              Senators voting aye were: Dickerson, Gardenhire, Haile, Harper, Hensley, Ketron, Massey, Stevens, Tate, Watson -- 10.

    SB1935 by Kelsey - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 0 2/28/2018
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Bell, Bowling, Harris, Kelsey, Kyle, Lundberg, Roberts, Stevens, Swann -- 9.