Starting July 1, 2020 the Indiana Attorney General’s Address Confidentiality Program (ACP) allows victims of harassment, human trafficking, intimidation, or invasion of privacy to participate in the program, which is a considerable expansion: current law allows only victims of domestic violence, sexual assault, or stalking to participate in the program. The new law also lengthens time of participation from the former two years to four years, expiring on June 3oth of the fourth year after certification as a participant. Some other new changes to the Address Confidentiality Program include:
- The new law also removes the requirement that a victim must have obtained a protective order to participate in the program.
- An applicant to the program must provide a description of the applicant’s plan to maintain the confidentiality of the applicant’s new address. This is meant to engage victim advocates to help survivors with safety planning.
- The new law also underscores that if a program participant provides written notice, to any individual or business entity of the change, the entity has a mandate to use this new address:
(1) the entity shall use the address designated by the office;
(2) the entity may not disclose the program participant’s address; and
(3) if the entity is a landlord, the entity may not display the program participant’s name at the protected address.
- Further, this new law allows the office to revoke a person’s participation in the program or deny an applicant’s application if the person
(1) uses or intends to use the program in furtherance of a crime;
(2) knowingly misrepresents in a fraudulent manner any information the program participant or applicant provides to the program; or
(3) is unable or unwilling to maintain the confidentiality of the program participant’s or applicant’s address.
- The new law establishes the circumstances under which a program participant’s address may be disclosed in a court proceeding and requires the court to issue an appropriate order to limit any further disclosure.
- Finally, this new law also provides the participant with a physical address to use for anyone who requires it. IC 5-26.5-2.2
For more information or with questions, please contact ICADV Legal Counsel Kerry Hyatt Bennett at email@example.com