AB673: Bill Text

LRB-3985/1

PJH:emw&wlj

2015 - 2016 LEGISLATURE

2015 Assembly BILL 673

January 11, 2016 - Introduced by Representatives Kleefisch, C. Taylor, Ohnstad, Gannon, Horlacher, Petryk, Milroy, Hebl, Johnson, Thiesfeldt, Mason, Berceau, Zamarripa, Zepnick, Kremer, Bernier, Murphy, Kahl, Subeck, A. Ott, Goyke, Doyle, Jacque, Jagler, E. Brooks, Sinicki, Rohrkaste, T. Larson, Krug, Rodriguez, Kolste, Born, Allen, Considine, Nerison, Shankland, Billings, Ballweg, Skowronski, Heaton and Spreitzer, cosponsored by Senators S. Fitzgerald, Shilling, Carpenter, Gudex, C. Larson, Hansen, L. Taylor, Risser, Erpenbach, Vukmir, Lassa, Darling, Wirch, Marklein, Ringhand, Harris Dodd, Harsdorf and Olsen. Referred to Committee on Judiciary.

AB673,1,6 An Act to renumber and amend 6.47 (4); to amend 6.47 (2); and to create 6.47 (1) (am) 5., 6.47 (4) (b), 19.35 (1) (am) 2m., 66.0504 and 165.68 of the statutes; relating to: creating a program to protect the confidentiality of addresses for victims of domestic abuse, sexual assault, or stalking; providing an exemption from emergency rule procedures; and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill creates a program, administered by the Department of Justice (DOJ) that keeps the addresses of victims of certain crimes confidential. Under the bill, a person who is a victim, or a parent or guardian of a person who is a victim, of certain acts of abuse, stalking, or human trafficking, or who is in fear for his or her physical safety or that of his or her child or ward, or who resides with any of those persons may participate in the program.

Under the bill, a person who participates in the program submits his or her actual address to DOJ and receives from DOJ an assigned address that the person may use for all personal and official purposes. The bill requires DOJ to forward mail and certain packages it receives at the assigned address to the person at his or her actual address. A person may renew his or her participation in the program every five years, and DOJ may discontinue the person's participation if he or she fails to notify DOJ that his or her address or legal name has changed.

The bill requires DOJ to keep the person's actual address confidential, except pursuant to a court order or except from a law enforcement officer if the person is suspected of criminal activity. The bill also requires the person's actual address to be kept confidential by municipal and other local governmental clerks and election officials as long as the person is participating in the program. Under the bill, no one may refuse to use the assigned address or require the person to disclose his or her actual address without specific statutory authority to do so.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB673,1 Section 1. 6.47 (1) (am) 5. of the statutes is created to read:

AB673,2,3 6.47 (1) (am) 5. An individual who is a participant in the program established in s. 165.68.

AB673,2 Section 2. 6.47 (2) of the statutes is amended to read:

AB673,3,5 6.47 (2) Except as authorized in sub. (8), the board, each municipal clerk, each agent designated under s. 6.33 (5) (b), and each election official shall withhold from public inspection under s. 19.35 (1) the name and address of any eligible individual whose name appears on a poll list or registration list if the individual provides the municipal clerk with a valid written request to protect the individual's confidentiality. To be valid, a request under this subsection must be accompanied by a copy of a protective order that is in effect, an affidavit under sub. (1) (am) 2. that is dated within 30 days of the date of the request, confirmation from the department of justice that the person is a program participant, as provided under s. 165.68 (4) (c), a statement signed by the operator or an authorized agent of the operator of a shelter that is dated within 30 days of the date of the request and that indicates that the operator operates the shelter and that the individual making the request resides in the shelter, or a statement signed by an authorized representative of a domestic abuse victim service provider or a sexual assault victim service provider under sub. (1) (am) 4. that is dated within 30 days of the date of the request. A physically disabled individual who appears personally at the office of the municipal clerk accompanied by another elector of this state may designate that elector to make a request under this subsection on his or her behalf.

AB673,3 Section 3. 6.47 (4) of the statutes is renumbered 6.47 (4) (a) and amended to read:

AB673,3,14 6.47 (4) (a) Except as provided in par. (b) and sub. (5), a confidential listing under sub. (2) expires on the date that a protective order expires, the date that the protected individual ceases to reside in a shelter, the date that updated information is received from a sheriff, the chief of a police department, or a district attorney or the authorized representative of a sheriff, chief, or district attorney, or at the end of the 24-month period that follows creation or renewal of the listing under sub. (2), whichever is earlier.

AB673,4 Section 4. 6.47 (4) (b) of the statutes is created to read:

AB673,3,20 6.47 (4) (b) A confidential listing under sub. (2) that is issued to a program participant expires on the date the individual's participation in the program expires pursuant to s. 165.68 (3) (b) 4. a. or on the date the individual cancels his or her participation in the program pursuant to s. 165.68 (3) (b) 4. e. or is disenrolled from the program pursuant to s. 165.68 (3) (b) 4. b.

AB673,5 Section 5. 19.35 (1) (am) 2m. of the statutes is created to read:

AB673,3,23 19.35 (1) (am) 2m. The actual address, as defined in s. 165.68 (1) (b), of a participant in the program established in s. 165.68.

AB673,6 Section 6. 66.0504 of the statutes is created to read:

AB673,3,25 66.0504 Address confidentiality program. (1) Definitions. In this section:

AB673,4,1 (a) "Actual address" has the meaning given in s. 165.68 (1) (b).

AB673,4,3 (b) "Local clerk" means an individual, and an individual's deputy or assistant, who serves as one of the following:

AB673,4,4 1. A county clerk under s. 59.23.

AB673,4,5 2. A clerk of court under s. 59.40.

AB673,4,6 3. A municipal clerk as defined in s. 5.02 (10).

AB673,4,7 4. A register of deeds under s. 59.43.

AB673,4,8 (c) "Program participant" has the meaning given in s. 165.68 (1) (g).

AB673,4,12 (2) Identity protection. (a) If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession which would reveal the program participant's actual address, except pursuant to a court order.

AB673,4,14 (b) The provisions of s. 165.68 (3) (b) 4. a., to the extent that they apply under s. 165.68, apply to a program participant's written request under par. (a).

AB673,7 Section 7. 165.68 of the statutes is created to read:

AB673,4,16 165.68 Address confidentiality program. (1) Definitions. In this section:

AB673,4,17 (a) "Abuse" means an act or threat of any of the following:

AB673,4,18 1. Child abuse under ss. 813.122 (1) (a) or 948.02 to 948.11.

AB673,4,19 2. Domestic abuse, as defined in s. 813.12 (1) (am).

AB673,4,20 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6.

AB673,4,21 4. Stalking under s. 940.32.

AB673,4,22 5. Trafficking under s. 940.302.

AB673,4,24 (b) "Actual address" means the residential street address, school address, or work address of a program participant.

AB673,5,2 (c) "Assigned address" means an address designated by the department and assigned to a program participant.

AB673,5,3 (d) "Department" means the department of justice.

AB673,5,8 (e) "Mail" means first class letters and flats delivered by the United States Postal Service, including priority, express, and certified mail. "Mail" does not include a package, parcel, periodical, or catalogue unless it is clearly identifiable as being sent by a state or local agency or unit of government or is clearly identifiable as containing a pharmaceutical or medical item.

AB673,5,14 (f) "Program assistant" means an individual designated by the department to assist a program participant. The department may designate as a program assistant an employee of the department or of a state or local agency that provides counseling, assistance, or support services to victims, or an employee of or a volunteer for an organization that provides counseling, assistance, or support services free of charge to victims.

AB673,5,16 (g) "Program participant" means a person who is certified by the department to participate in the confidentiality program established in this section.

AB673,5,18 (2) Eligibility. (a) A person is eligible for participation in the confidentiality program established in this section if he or she attests all of the following:

AB673,5,19 1. That he or she is a resident of this state.