Address Confidentiality Program; removal of Program participant, penalty.
Summary
SB1092 revises Virginia’s Address Confidentiality Program, which is administered by the Office of the Attorney General and is intended to help protect victims of domestic violence, stalking, child abduction, human trafficking, and sexual violence. The bill broadens and clarifies eligibility by defining “covered offense,” adding “covered employee” as a category of applicant, and updating the application process so eligible individuals may apply through accredited sexual or domestic violence programs, crime victim and witness assistance programs, or directly in the case of covered employees.
The bill also tightens program administration and participant obligations. It sets out the sworn statements and information required for certification, keeps certification in place for three years subject to recertification, and specifies when the Attorney General may cancel participation, including false information, address changes without notice, parole or probation status, failure to recertify after turning 18, or initiation of legal action against the Attorney General. It preserves confidentiality of participants’ actual addresses, allows use of the designated address by state and local agencies unless an exemption is granted, and makes unauthorized disclosure of a participant’s confidential address or related information a criminal offense under existing law.
Impact
The bill amends § 2.2-515.2 of the Code of Virginia, expanding and refining the statutory framework for the Address Confidentiality Program. It affects the Attorney General’s duties, agency recordkeeping and disclosure practices, eligibility standards for victims and certain service providers, and the confidentiality protections available under the Virginia Freedom of Information Act. It also adds a new basis for criminal liability by tying intentional disclosure of a participant’s confidential information to the existing offense in § 18.2-186.4, and it may increase incarceration or commitment periods, though the fiscal note estimates no additional cost for state adult correctional facilities.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate unanimously and was reported from the House Committee for Courts of Justice with only one dissenting vote, suggesting general agreement that the program should be strengthened and clarified to better protect vulnerable victims and related service providers.
Contention
The main policy questions appear to concern the scope of eligibility, the conditions under which participants can be removed from the program, and the balance between confidentiality and legitimate government access to address information. The bill allows agencies to seek exemptions when they can show a bona fide statutory need for a participant’s actual address, and it excludes certain individuals—such as those on parole or probation, those required to register as sex offenders, and some participants who fail to recertify after turning 18—from continued participation. The only recorded opposition in committee was limited, indicating these issues were not strongly contested in the legislative process.