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S.F. No. 619 - Safe at Home Protective Orders (author’s delete-everything amendment)
 
Author: Senator Barb Goodwin
 
Prepared By:
 
Date: March 12, 2015



 

This bill amends the statute authorizing a court or other tribunal to issue a protective order to prevent disclosure of information that could reasonably lead to the discovery of a Safe at Home program participant’s location.

If a program participant’s address is protected, no person can be compelled to disclose the address during discovery or a proceeding unless the court or tribunal makes specified findings regarding the need for the address and the inability to obtain it by other means. If disclosure of the address is sought, the program participant must be notified and given an opportunity to present evidence regarding the potential harm if the address is disclosed. The court must consider whether the potential harm is outweighed by the interest in disclosure. In a criminal proceeding, the court must order the disclosure if protecting the address would violate a defendant’s constitutional right to confront a witness. Disclosure must be limited under the terms of the order to ensure that it is no wider than necessary for the purposes of the investigation, prosecution, or litigation.

 
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