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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2018, 3 histories bottom

  589.663.  Program created, purpose, procedures. — There is created in the office of the secretary of state a program to be known as the "Address Confidentiality Program" to protect victims of domestic violence, rape, sexual assault, human trafficking, stalking, or other crimes who fear for their safety, as well as the safety of individuals residing in the same household as the victim, by authorizing the use of designated addresses for such victims, their minor children, and individuals residing with them.  The program shall be administered by the secretary under the following application and certification procedures:

  (1)  An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person's address or the address of the minor or incapacitated person;

  (2)  The secretary may approve an application if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary.  A completed application shall contain:

  (a)  The date the application was prepared, the applicant's signature, and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;

  (b)  A designation of the secretary as agent for purposes of service of process and for receipt of first class mail, legal documents, and certified mail;

  (c)  A statement that the applicant has good reason to believe that he or she:

  a.  Is a victim or resides in the same household as a victim; and

  b.  Fears future harm;

  (d)  A mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and

  (e)  One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household;

  (3)  Upon receipt of a completed application, the secretary may certify the applicant as a program participant.  A program participant is certified for four years following the date of initial certification unless the certification is withdrawn by the applicant or cancelled by the secretary before that date.  The secretary shall send notification of an expiring certification and a renewal form to a program participant at least four weeks prior to the expiration of the program participant's certification.  The renewal need only be signed by the applicant and need not be made before an application assistant;

  (4)  The secretary shall forward first class mail, legal documents, and certified mail to the appropriate program participants;

  (5)  This section shall be liberally construed as to not hold omissions by the secretary against participants or applicants.

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(L. 2007 H.B. 583, A.L. 2016 H.B. 1562, A.L. 2018 H.B. 1461)

(2019) Section which shields program participant actual residential address from disclosure is violated when dissolution judgment orders the disclosure of minor child's actual address who is residing with program participant.  Hannah v. Hannah, 568 S.W.3d 451 (Mo.App. W.D.).


---- end of effective   28 Aug 2018 ----

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589.663 8/28/2018
589.663 8/28/2016 8/28/2018
589.663 8/28/2007 8/28/2016

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