This week, the PNA weighed in on legislation that creates a program for victims of domestic violence, sexual assault and stalking to use a substitute address when applying for government records. House Bill 1262, sponsored by Rep. Katie True (R-Lancaster), establishes an address confidentiality program within the Office of the Victim Advocate (OVA). The OVA will forward all first class mail at no additional expense to a program participant. 

At least 16 states have adopted similar confidentiality programs. Of these programs, the ones that have been in existence for the last couple of years have an average of 250 program participants. 

The PNA’s primary concern was how H.B. 1262 could impact a reporter’s ability to reach an OVA program participant for news gathering purposes. While we understand the need to protect the residential address of those participating in the program, we wanted to guarantee a means of communicating with these participants. Since the legislation did not address the required timeframe for forwarding mail by the OVA, we proposed amending the bill to require the OVA to forward mail to a participant within a reasonable time not to exceed two days. We also proposed amending the intent provision to include a statement that the intent of the law was not to limit release of public records. 

At a meeting this week of organizations and agencies interested in this legislation, the forwarding time was discussed. The executive director of the House Judiciary Committee, the committee considering the legislation, thought it was reasonable to require a turnaround time. The director of the OVA requested an extended period of time of five business days to forward the mail. As a compromise the executive director proposed three business days. 

The Governor’s office also participated in this meeting and referenced several concerns with the legislation including the cost of creating the program and the liability placed on the administration for agreeing to accept service of legal process on behalf of program participants. The Governor’s office also proposed the elimination of the intent provision that was accepted by those present at the meeting. With the elimination of the intent provision, PNA’s amendments to the intent provision were moot. 

The District Attorneys Association also had concerns with how the program may impact a district attorney’s ability to locate a witness for trial. Routinely, the district attorney does not review a case file until the day before trial. If a witness is participating in OVA’s substitute address program, it will be impossible for the district attorney’s office to locate the witness in an expedient manner without calling the OVA office for information on the program participant’s real address. 

While recognizing that there are several unresolved issues, the House Judiciary Committee still plans on moving the bill out of committee next week. It is the committee’s hope to resolve as a many concerns as possible before next week’s meeting. Since legislation has bi-partisan support and the sponsor is eager to see the legislation move, it is the Committee’s intent to move the bill. 

Following is a summary of the bill. The PNA will notify all members if there are any significant changes to the bill that could impact newsgathering. 


Summary of House Bill 1262

The legislation allows victims of domestic violence, stalking or a sexual offense to apply to the Office of Victim Advocates (OVA) for a confidential, substitute address. The OVA will forward all first class mail at no additional expense to a program participant. 

Victims would use this address when applying for or creating government records e.g. voter registration and motor vehicle registration. The sponsor explained that the goal of the legislation is to prevent perpetrators from tracking down their victims through public documents. It would enable State and local agencies to respond to requests for public records without disclosing the location of victims. 

Upon application, a person who satisfies the eligibility requirements is certified and receives a substitute address. Certification is valid for three years following the date of certification unless the certification is withdrawn or canceled before that date. 

Program participants are eligible if they have verification proving they were a victim of domestic violence, a sexual offense or stalking. Proof can be: a protection from abuse order; an affidavit stating their belief that the fear violent acts by an assailant; a foreign protection order; the receipt or application for crime victim compensation related to the act of violence. Proof for domestic violence victims can also be the receipt of a statutory or legal determination by the Department of Public Welfare of good cause of finding of domestic violence. 

The substitute address will be accepted by both state and local government agencies. The legislation does allow the Office of Victim Advocate to release the address of a program participant, but only for limited purposes including when emergency disclosure is necessary for medical care. 

The legislation has the support of many victim and law enforcement groups including the Pennsylvania Coalition Against Rape, Pennsylvania Coalition Against Domestic Violence, and the Chiefs of Police Association. 

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