CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205. - 6210.]

Cal. Government Code - GOV 3.1.

in effect

Cal. Government Code - GOV § 6205. Section 6205.

(a) The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse frequently establish new names or addresses to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the changed name or location of a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse to enable interagency cooperation with the Secretary of State in providing name and address confidentiality for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address. (b) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6205.5. Section 6205.5.

(a) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter. (2) “Child abduction” means an act or attempted act made punishable pursuant to Section 278 or 278.5 of the Penal Code. (3) “Cohabitant” has the same meaning as in subdivision (b) of Section 18291 of the Welfare and Institutions Code. (4) “Domestic violence” means an act as defined in Section 6211 of the Family Code. (5) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code. (6) “Elder or dependent adult abuse” means an act described in Section 15610.07 of the Welfare and Institutions Code or an offense described in Section 368 of the Penal Code. (7) “Household member” means an adult person who resides at the same residential address as the applicant or participant and is related to the applicant or participant by blood, marriage, registered domestic partnership, adoption, or is a cohabitant of an applicant or participant. (8) “Human trafficking” means any act punishable pursuant to Section 236.1 of the Penal Code. (9) “Program participant” means a person certified as a program participant under Section 6206. (10) “Sexual assault” means an act or attempted act made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6 of, or former Section 262 or 288a of, the Penal Code. (11) “Stalking” means an act as defined in Section 646.9 of the Penal Code. (b) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6206. Section 6206.

(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) A sworn statement by the applicant that the applicant has good reason to believe both of the following: (A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime that provided the basis for that victim’s application. (B) That the applicant fears for their safety, the safety of their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made. (2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, the application may be accompanied by evidence, including, but not limited to, any of the following: (A) Police, court, or other government agency records or files. (B) Documentation from a domestic violence or sexual assault program, if the person is alleged to be a victim of domestic violence, sexual assault, stalking, or human trafficking. (C) Documentation from a legal, clerical, medical, or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (D) Any other evidence that supports the sworn statement, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (3) If the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a household member of a person described in paragraph (2), the application shall include the name of that person and evidence that the applicant is a household member. (4) The name and last known address of the applicant’s minor child or children, and the name and last known address of all other parents or guardians of the minor child or children of the applicant, as legally established by voluntary declaration of paternity, court order, placement on the child’s birth certificate, or other legal method pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). If no other parent or guardian has been established for the applicant’s minor child or children, this section may be left blank. (5) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail. (A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State a copy of the summons, writ, notice, demand, or process. (B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it. (C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action. (D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from liability in any action brought by a person injured or harmed as a result of the handling of first-class mail on behalf of program participants. (6) The mailing address and the telephone number or numbers where the applicant can be called by the Secretary of State, and if available, the email address where the applicant can be contacted by the Secretary of State. (7) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (8) The signature of the applicant and of any individual or representative of any office designated in writing under Section 6208.5 who assisted in the preparation of the application, and the date on which the applicant signed the application. (b) Commencing January 1, 2023, the Secretary of State shall make the application form for participation in the program and any explanatory materials available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the application available in additional languages. (c) Applications shall be filed with the office of the Secretary of State. (d) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The Secretary of State shall, by rule, establish a renewal procedure. A minor program participant who reaches 18 years of age during their enrollment may renew as an adult following the renewal procedures established by the Secretary of State. (e) If a minor child has any other legally established parent or parents, upon certification, the Secretary of State shall, within 10 days, notify all other parents or guardians identified pursuant to paragraph (4) of subdivision (a) of the designation of the Secretary of State as agent for purposes of service of process and, unless there is a court order prohibiting contact between the other parent or parents or guardian and the minor child or children of the participant, the address designated by the Secretary of State for the program participant. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent or parents or guardian to be notified. A copy shall also be sent to that parent’s or guardian’s counsel of record, if provided to the Secretary of State by the applicant. (f) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s children or household members, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision. Commencing January 1, 2023, the Secretary of State shall make the notice required by this subdivision available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages. (g) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6206.1. Section 6206.1.

Certification as a program participant shall not be evidence that minor children in the participant’s custody are at risk in the participant’s care.

Cal. Government Code - GOV § 6206.4. Section 6206.4.

The Secretary of State shall keep confidential name changes of program participants obtained pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure. The Secretary of State shall have the same responsibilities and obligations to program participants who have obtained a name change as to any other program participant under this chapter.

Cal. Government Code - GOV § 6206.5. Section 6206.5.

Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows: (a) Except as provided in subdivision (g) of Section 6206.7 or Section 6208, any records or documents pertaining to a program participant shall be held confidential for a period of three years after withdrawal or termination of certification. (b) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed, except for change of name records, which shall be retained permanently and only be accessible pursuant to Section 6208 and Section 1798.34 of the Civil Code.

Cal. Government Code - GOV § 6206.7. Section 6206.7.

(a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and the program participant’s current identification card. Certification shall be terminated on the date of receipt of this notification. (b) The Secretary of State may terminate a program participant’s certification and invalidate the program participant’s authorization card for any of the following reasons: (1) The program participant’s certification term has expired and certification renewal has not been completed. (2) The Secretary of State has been informed that another state agency determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement. (3) The program participant no longer resides at the most recent residential address provided to the Secretary of State and has not provided notice in writing of a change in address within 30 days. (4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable. Before terminating a program participant’s certification due to nondeliverable mail, the program shall attempt to contact the participant by telephone and email, if available, to resolve the mail delivery issue. (5) The program participant obtains a legal name change and fails to notify the Secretary of State within 30 days. (6) The program participant, who reaches 18 years of age during the program participant’s certification term, has not renewed the program participant’s certification within 60 days of reaching 18 years of age. (7) The program participant moves from their California place of residence to relocate out of state. (c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person moves from their California place of residence to another residence in this state. If, however, the program participant or parent or guardian acting on behalf of a minor or incapacitated person leaves the state during their valid participation term, they shall not be terminated on the grounds of having abandoned their domicile in this state until they have resided outside of this state for a period of more than 60 consecutive days if relocating to a state with an address confidentiality program. If the program participant or parent or guardian acting on behalf of a minor or incapacitated person has relocated to a state without an address confidentiality program, they shall remain enrolled and mail shall be forwarded for the remainder of their certification term. (d) If intended termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 days in which to appeal the intended termination under procedures developed by the Secretary of State. (e) The Secretary of State shall notify in writing the county elections official of the program participant’s certification withdrawal, invalidation, expiration, or termination. The Secretary of State shall cooperate with authorized personnel of the appropriate county clerk’s office, county recording office, and state and local agencies to verify, upon request of any such entity, the program participant’s certification withdrawal, invalidation, expiration, or termination. (f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record. (g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.

Cal. Government Code - GOV § 6207. Section 6207.

(a) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (b) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (c) A program participant may use the address designated by the Secretary of State as his or her work address. (d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing. (e) Notwithstanding subdivisions (a) and (b), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department.

Cal. Government Code - GOV § 6207.5. Section 6207.5.

A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code.

Cal. Government Code - GOV § 6208. Section 6208.

The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, or a program participant’s name change available for inspection or copying, except under any of the following circumstances: (a) If requested by a law enforcement agency, to the law enforcement agency. (b) If directed by a court order, to a person identified in the order. (c) If certification has been terminated as a result of paragraph (2) of subdivision (b) of Section 6206.7.

Cal. Government Code - GOV § 6208.1. Section 6208.1.

(a) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or any other public space the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. Disclosure alone may be considered a threat, depending on the totality of the circumstances. (2) A participant whose home address, home telephone number, or image is made public as a result of a violation of paragraph (1) may do either or both of the following: (A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (b) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or other public space the home address or home telephone number of a participant if that individual has made a written demand of that person, business, or association to not disclose their home address or home telephone number. A demand made under this paragraph shall include a sworn statement declaring that the person is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A written demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s program participation has expired before the end of the four-year period. (2) A participant whose home address or home telephone number is made public as a result of a failure to honor a demand made pursuant to paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (3) This subdivision shall not apply to a person or entity defined in Section 1070 of the Evidence Code. (c) (1) No person, business, association, or other entity shall solicit, sell, or trade on the internet, or any other forum, the home address, home telephone number, or image of a participant with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. (2) A participant whose home address, home telephone number, or image is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a participant or any person residing at the same home address. (e) Nothing in this section is intended to preclude prosecution under any other provision of law. (f) For the purposes of this section, the following terms are defined as follows: (1) “Image” includes, but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted. (2) “Program participant” means a person certified as a program participant in the manner described in Section 6206. (3) “Publicly post” or “publicly display” means to communicate or otherwise make available to the general public.

Cal. Government Code - GOV § 6208.2. Section 6208.2.

(a) (1) No person shall post on the internet or any other public space, with the intent that another person imminently use that information to commit a crime involving violence, a threat of violence against, or to intimidate the participant or the program participant’s family members who are participating in the program, the home address, the telephone number, or personal identifying information of a program participant or the program participant’s family members who are participating in the program. (2) A violation of this subdivision is a misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500), or imprisonment of up to six months in a county jail, or by both that fine and imprisonment. (3) A violation of this subdivision that leads to the bodily injury of the program participant, or of any of the program participant’s family members who are participating in the program, is a misdemeanor punishable by a fine of up to five thousand dollars ($5,000), or imprisonment of up to one year in a county jail, or by both that fine and imprisonment. (b) Nothing in this section shall preclude prosecution under any other provision of law.

Cal. Government Code - GOV § 6208.5. Section 6208.5.

(a) The Secretary of State shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, child abduction, or human trafficking as well as agencies that serve victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code) to assist victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse applying to be program participants. The Secretary of State shall conduct outreach activities to identify and recruit the agencies. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice. (b) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6209. Section 6209.

The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies.

Cal. Government Code - GOV § 6209.5. Section 6209.5.

(a) The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information: (1) The program participant is authorized by law to request to use the address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home. (2) The program participant may create a revocable living trust and place their real property into the trust to protect their residential street address from disclosure in real property transactions. (3) The program participant may obtain a change of their legal name to protect their anonymity. (4) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, domestic violence prevention organizations, human trafficking prevention organizations, child abduction prevention organizations, elder and dependent adult abuse prevention organizations, state and local agencies, or other nonprofit organizations that may be able to assist program participants. (b) Commencing January 1, 2023, the Secretary of State shall make the notice required by this section available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages. (c) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6209.6. Section 6209.6.

Commencing January 1, 2023, the Secretary of State shall maintain information about the program, contact information for community-based victims’ assistance programs and community-based assistance programs that serve victims of elder or dependent adult abuse that can assist a person in applying to participate in the program, and sample application forms on the secretary’s internet website. The sample application forms shall be available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the sample application forms available in additional languages.

Cal. Government Code - GOV § 6209.7. Section 6209.7.

(a) Nothing in this chapter, nor participation in this program, affects custody or visitation orders in effect before or during program participation. A program participant who falsifies their location in order to unlawfully avoid custody or visitation orders is subject to immediate termination from the program and is guilty of a misdemeanor. (b) (1) The fact that a participant is registered with the program shall create a rebuttable presumption that disclosure of information about the participant’s location and activities during the period of the registration, including, but not limited to, the participant’s current and past residential, work, or school addresses and other location information, would lead to the discovery of the participant’s actual residential address or physical location, would endanger the safety of the participant, and is not authorized. (2) This subdivision creates a presumption affecting the burden of producing evidence and may be rebutted by clear and convincing evidence showing, among other things, that discovery of the information about the participant’s location and activities would not lead to discovery of the participant’s actual residential address or physical location and would not endanger the safety of the participant. The presumption shall not be rebutted merely by the other parent’s desire to know the participant’s address, and the court shall weigh participant safety. If a court finds the presumption is rebutted, it shall provide its reasons on the record. (3) This presumption shall also govern discovery requests under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure). A participant shall not be required to provide, in discovery, their residential address or other location information reasonably likely to lead to the discovery of these addresses, unless ordered to do so by a court after the other party has rebutted the presumption against disclosure of this information. (c) Participation in the program does not constitute evidence of domestic violence, stalking, sexual assault, human trafficking, child abduction, or elder or dependent adult abuse for purposes of making custody or visitation orders. (d) This section shall become operative on July 1, 2024.

Cal. Government Code - GOV § 6210. Section 6210.

(a) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this chapter. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes. (b) The Secretary of State shall commence accepting applications and other activities under this program on July 1, 1999. (c) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature by January 1, 2004, a report that includes the total number of pieces of mail forwarded to program participants, the number of program participants during the program’s duration, the number of program participants who obtained a confidential name change pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure, the average length of time a participant remains in the program, and the targeted code changes needed to improve the program’s efficiency and cost-effectiveness.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026