An Act To Expand the Address Confidentiality Program to Victims of Certain Human Trafficking Crimes (AFTER DEADLINE)
Maine Legislature, Session 130, LD 1943
Committee: Judiciary
Sponsors: DIAMOND, BENNETT, JACKSON, KEIM, TIMBERLAKE, DILLINGHAM, FECTEAU, TALBOT ROSS, WARREN
Amends: 5 MRSA §90-B

Legislative Document
No. 1943
S.P. 684
In Senate, January 26, 2022
An Act To Expand the Address Confidentiality Program to Victims 
of Certain Human Trafficking Crimes
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Cosponsored by Senators: BENNETT of Oxford, President JACKSON of Aroostook, KEIM of 
Oxford, TIMBERLAKE of Androscoggin, Representatives: DILLINGHAM of Oxford, 
Speaker FECTEAU of Biddeford, TALBOT ROSS of Portland, WARREN of Hallowell.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is necessary to protect victims of human trafficking and 
minor victims of kidnapping immediately; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §90-B, sub-§1, ¶B, as enacted by PL 2001, c. 539, §1, is amended 
to read:
B.  "Application assistant" means an employee of a state or local agency, or of a 
nonprofit program that provides counseling, referral, shelter or other specialized 
service to victims of domestic abuse, rape violence, sexual assault or, stalking and or 
human trafficking or to minor victims of kidnapping who has been designated by the 
respective agency, and trained, accepted and registered by the secretary to assist 
individuals in the completion of program participation applications.
Sec. 2.  5 MRSA §90-B, sub-§2, as corrected by RR 2001, c. 2, Pt. A, §4, is amended 
to read:
2.  Program established.  The Address Confidentiality Program is established to 
protect victims of domestic violence, stalking or sexual assault, stalking or human 
trafficking and minor victims of kidnapping by authorizing the use of designated addresses 
for such victims.  The program is administered by the secretary under the following 
application and certification procedures.
A.  Upon recommendation of an application assistant, an adult person, a parent or 
guardian acting on behalf of a minor or a guardian acting on behalf of an incapacitated 
person may apply to the secretary to have a designated address assigned by the 
secretary to serve as the person's address or the address of the minor or incapacitated 
person.
B.  The secretary may approve an application only if it is filed with the office of the 
secretary in the manner established by rule and on a form prescribed by the secretary.  
A completed application must contain:
(1)  The application preparation date, the applicant's signature and the signature 
and registration number of the application assistant who assisted the applicant in 
applying to be a program participant;
(2)  A designation of the secretary as agent for purposes of service of process and 
for receipt of first-class mail;
(3)  The mailing address where the applicant may be contacted by the secretary or 
a designee and the telephone number or numbers where the applicant may be called 
by the secretary or the secretary's designee; and
(4)  One or more addresses that the applicant requests not be disclosed for the 
reason that disclosure will jeopardize the applicant's safety or increase the risk of 
violence to the applicant or members of the applicant's household.
C.  Upon receipt of a properly completed application, the secretary may certify the 
applicant as a program participant.  A program participant is certified for 4 years 
following the date of initial certification unless the certification is withdrawn or 
invalidated before that date.  The secretary shall send notification of lapsing 
certification and a reapplication form to a program participant at least 4 weeks prior to 
the expiration of the program participant's certification.
D.  The secretary shall forward first-class mail to the appropriate program participants.
E.  A person who violates this paragraph commits a Class E crime.
(1)  An applicant may not file an application knowing that it:
(a)  Contains false or incorrect information; or
(b)  Falsely claims that disclosure of the applicant's address or mailing address 
threatens the safety of the applicant or the applicant's children or the minor or 
incapacitated person on whose behalf the application is made.
(2)  An application assistant may not assist or participate in the filing of an 
application that the application assistant knows:
(a)  Contains false or incorrect information; or
(b)  Falsely claims that disclosure of the applicant's address or mailing address 
threatens the safety of the applicant or the applicant's children or the minor or 
incapacitated person on whose behalf the application is made.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill expands the Address Confidentiality Program to victims of human trafficking 
and minor victims of kidnapping and standardizes the use of terms referring to domestic 
violence and sexual assault.