Current through 2023-2024 Legislative Session Chapter 709
Section 50-18-151 - [Effective 7/1/2026] Office created; application; participation; rules and regulations(a) There is created within the office of the Secretary of State a victim centered address confidentiality program.(b) An individual who is changing his or her residence and who is at least 18 years of age or an emancipated minor may apply to the program, with or without the assistance of a victim advocate, for certification as a participant by the office upon providing an affidavit affirming that the disclosure of his or her actual address or addresses will increase the risk that he or she will be threatened or physically harmed by another person or that he or she has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking.(c) In order to be certified as a participant in the program, an individual shall submit to the office an application containing:(1) The full legal name and date of birth of the individual;(2) A knowing and voluntary designation of the office as the individual's agent for the purposes of receiving mail and service of process;(3) The mailing address, telephone number, and email address, if applicable, at which the office may contact the individual;(4) An acknowledgment that the individual is requesting that his or her confidential address not be disclosed;(5) The signature of the individual, the name of the victim advocate who assisted the individual, if applicable, and the date the application was signed;(6) At the discretion of the office and for evaluation purposes, an option for the individual to select the type of offense the individual believes warrants the need for participation in the program. The office may not consider information provided or withheld pursuant to this paragraph as certifying the participant; and(7) A letter from a victim advocate or a provider, as that term is defined in Code Section 37-11-3, indicating that they have received services related to their victimization.(d) Upon receipt of an application in compliance with subsection (c) of this Code section, the office shall: (1) Certify the individual as a participant;(2) Issue the participant an address confidentiality card containing the name of and a unique identification number for the participant and the designated address of the participant;(3) Classify each eligible address listed in the application as a confidential address;(4) Provide the participant with information concerning the manner in which the participant may use the office as the agent of the participant for the purposes of receiving mail and service of process; and(5) Provide the participant with information regarding methods to protect a confidential address, including, but not limited to, information regarding the risks of disclosing the confidential address to other persons and the risks of using social media and other similar technologies, including geotagging photographs, and other information that the office determines would help the participant protect his or her confidential address. A participant shall update information provided in an application within 30 days after a change to that information has occurred by submitting a notice of change to the office on a form prescribed by the office.(e) A participant's certification shall be valid for four years. A participant who continues to be eligible for the program pursuant to this article may renew the certification of the participant. The renewal application shall be received by the office within 60 days prior to the end of the four-year certification period. The renewal application shall be on a form prescribed by the office and shall meet the requirements of this article. A renewal of certification of a participant shall not alter the unique identification number issued pursuant to subsection (d) of this Code section.(f) The certification continuance application shall be on a form prescribed by the office, shall meet the requirements of this article, and shall inform the participant of his or her right to choose to continue or discontinue in the program.(g) An application submitted pursuant to this article and the information of a participant shall be confidential, shall not be a public record, shall be exempt from disclosure pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, and may only be disclosed as authorized pursuant to this article.(h) An offender who is required to register pursuant to Code Section 42-1-12 shall not be eligible to submit an application and shall not be certified as a participant.(i) A confidential address shall not be a public record and shall be exempt from disclosure pursuant to Article 4 of Chapter 18 of Title 50 or any similar law, except as otherwise provided in this article.(j) A participant may withdraw from the program at any time by providing written notice of such withdrawal to the office.(k) No individual shall apply for certification as a participant with the intent of avoiding prosecution or a lawful court order.(l) The office shall promulgate rules and regulations as necessary to implement the provisions of this article.Added by 2024 Ga. Laws 582,§ 3, eff. 7/1/2026.