GOVERNOR SIGNS NEW LAW TO PROTECT IDENTITIES OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT SURVIVORS IN COURT DOCUMENTS

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East County News Service

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October 14, 2019 (Sacramento) – Governor Gavin Newsom has signed Assembly Bill 800, which will protect the identity of survivors of domestic and other violent crimes who participate in the Secretary of State’s Safe at Home Program when filing civil court documents. The bill was authored by Assemblymember Kansen Chu (D-San Jose) based on a proposal written by Dian Black with Callegislation, a former San Diegan who has written a dozen proposals since 1996 that have become law in California to protect victims’ rights.

The Safe at Home program allows survivors of domestic assault, sexual assault, stalking, and other specific crimes to apply for a substitute address to protect them from the perpetrators. However, currently when a participant files civil court documents, which include their name, addresses, and other identifying information, this information is public record, revealing their location to their assailant or potential assailants. 

AB 800 protects participants by allowing them to use a pseudonym and closes a loophole that would have allowed identifying information to be revealed through the court process. The Governor signing AB 800 is particularly timely as we support survivors during Domestic Violence Awareness Month in October.

“AB 800 will protect the identities of survivors of domestic violence and sexual assault and will allow them to access the civil justice system without fear of future violence,” said Assemblymember Chu. “Currently, there is a gap in protections because civil court filings are public records, which reveals participants’ name and identifying information to their assailants. This often means that survivors of violent crimes are too fearful to access the civil court system. The protections in AB 800 will provide many their day in court without fear that an assailant may find them through public records. I want to thank the Governor, my legislative colleagues, the sponsor, and advocates for their support of this life-changing legislation.”

The Legislature established the Safe at Home program within the Secretary of State’s Office in 1998 to allow survivors of domestic violence to use a substitute address on public records to prevent their assailants or potential assailants from finding their location, Chu’s office indicates. Since then, the program has been expanded to include victims of sexual assault, stalking, elder abuse, human trafficking, reproductive health care service providers, employees, volunteers and patients.

AB 800 is sponsored by Calegislation. Calegislation has been providing assistance and education to survivors of domestic violence, sexual assault and stalking for over 30 years.

“I would like to thank our legislature for extending the safety net to protect survivors of abuse from re-victimization and closing this privacy loophole, as well as the Governor for championing victim’s rights and signing AB 800,” said Black of Calegislation. “Our clients avoid many options that are available to the non-survivor general population, such as filing court actions. Filing any court action is a deep emotional trigger for survivors as it is a reminder of the victimization by their abuser. The fear increases if they know their personal information becomes public. They know they may not survive if they are located. The extreme pressure to not file a court matter is on these survivors who are trying to move forward with their lives. The confidential filing allowed under AB 800 will remove this barrier to reporting a crime or filing a court matter.”

In an email to ECM, she writes: “Creating stronger resources for survivors and public safety is my focus.”  

After the 2003 firestorms including the Cedar Fire devastated Southern California, she also became involved in helping fire survivors. “During this time I was looking at issues property policyholders were dealing with and saw that the insurance agents were not allowed to talk to the policyholders and the adjusters-interest seemed to favor the insurance company,” she recalls.”Since I was a trouble shooter for receivables in hospital management, I understood the insurance industry and drafted a few bills. “       

The full list of measures written or proposed by Black that have been law includes:

1996  AB 965     1996   (Asm. Sheila J. Kuehl)                        Chaptered

Domestic violence: Contempt.

Required Judicial Council to draft specific forms so a Pro Per could file Contempt. The package includes an instruction sheet, motion with points and authorities and an Order after Hearing. Court Form FL 410 FL 410        FL 411 FL 411        FL 415 FL 415

1996   SB 187  1995  (Sen. Hayden)                                         Enrolled

Domestic violence: Protective orders. (Extend duration of restraining orders for long-term harassment.

2000  SB 2072    2000   (Sen. Speier)                           Chaptered

DMV Extended Duration of Record Suppression

Prior to passage of this bill, the Dept. of Motor Vehicles (DMV) had restricted requirements for record suppression for victims of domestic violence, sexual assault and stalking. These restrictions did not guarantee continuing privacy protection for victims’ personal information on record with the DMV.

SB 2972 revised the DMV-imposed requirements and extended the duration of record suppression. 

2003 AB 184   2003  (Sen. Lowenthal)                                    Chaptered

Department of Motor Vehicles- 

This bill suppresses DMV records for Safe at Home Participants. This also released program participants from having to qualify based on the DMV criteria.

2004 San Diego City Ordinance                                             Passed  

My proposals were incorporated into the amendment of the San Diego City Municipal Code section 63.20.5. This was adopted by the Council on May 24, 2004, Item-53, and Ordinance O-19284.  

During holidays, the beaches and parks are littered with thousands of people, furniture, etc. The cost for the various city services” added security and lifeguards are a huge cost to the city. This ordinance helps to enforce the local laws and reduce local resources and funds. 

2005   AB  1640  (Asm. Saldana)                                            Chaptered

Third Party Reporting Notification

Require insurance companies to notify policyholders of third party reporting to property claims databases. Including-- providing specific information for insertion in the insurance policies.

2005  SB  518   (Sen. Kehoe)                                                    Chaptered

Homeowners insurance: insurance adjusters. 

My one proposal was wrapped into this bill package. My specific proposal requires insurers to provide, free of charge, a complete copy of an insured’s insurance policy within 30 calendar days of receipts of request.

2006  AB  2169 (Asm. Montanez)                                          Chaptered

Extends sunset date of Confidential Address Program administered by the Secretary of through January 1, 2013.

2006   SB 1743  (Sen. Bowen)                                                 Chaptered

Privacy focus on court procedures for name change of Confidential Address Program participants. When a Safe at Home Participant files for a name change, this bill removes the mandate of having to publish the old and new name change in a public newspaper. The physical case file will be suppressed from the public.

2006  SB  1062  (Sen. Bowen)                                               Chaptered

This is a two-part bill. Senator Bowen introduced this bill in 2005. The bill reduces duplication of funding process to victim service providers by coordinating agency programs. In 2006 my proposal was added, which expands the eligibility for participation to sexual assault victims into the California Confidential Address Program.

This bill is significant as sexual assault victims now have all the privacy resources as victims of domestic violence and stalking have had in this program, with suppression of DMV records as a significant privacy measure.

2011 SB 636   (Sen. Corbett)                                                   Chaptered

Personal information: Internet disclosure

This makes changes in the law relating to the disclosure of protected personal information about domestic violence and stalking victims.  Provided further protection to Safe at Home program participants by prohibiting their addresses and telephone numbers from Internet posting. 

Calegislation co-sponsored this bill with the Privacy Rights Clearinghouse.

2019  AB  800  (Asm. Chu, Co-Author Gonzalez)                 Chaptered

Provides currently enrolled participants in the California Secretary of State’s Safe at Home program safe access to the civil justice system by allowing them to file court documents using a pseudonym. This will limit their personal information and locale from the public, and most important the abuser using public information to track them.

 

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