Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 2 - MOTOR VEHICLE REGISTRATION AND LICENSING (§§ 27-13-101 — 27-25-113) › Chapter 16 - DRIVER'S LICENSES GENERALLY (§§ 27-16-101 — 27-16-1309) › Subchapter 8 - ISSUANCE OF LICENSES AND PERMITS (§§ 27-16-801 — 27-16-817) › Section 27-16-811 - Exception to disclosing residence address - Address confidentiality program - Definitions

(a)
As used in this section:
(1)
"Domestic violence" means:
(A)
Physical harm, bodily harm causing injury, or an assault against a person caused by:
(i)
A family or household member; or
(ii)
Another person with whom the victim is in a dating relationship;
(B)
Mental or emotional harm to a person caused by:
(i)
A family or household member; or
(ii)
Another person with whom the victim is in a dating relationship; or
(C)
Sexual abuse caused by:
(i)
A family or household member; or
(ii)
Another person with whom the victim is in a dating relationship; and
(2)
"Licensee" means a person who is applying for, renewing, or requesting a change to his or her driver's license issued or to be issued under this chapter and who is:
(A)
The victim of domestic violence; or
(B)
The dependent of a victim of domestic violence.
(b)
A licensee shall qualify for the exception for disclosing a residence address under this section if he or she:
(1)
Presents a valid order of protection issued under the Domestic Abuse Act of 1991, §
9-15-101
et seq.;
(2)
Presents an affidavit in which the licensee states that he or she:
(A)
Is a victim of domestic violence, or is the dependent of a victim of domestic violence; or
(B)
Fears further acts of domestic violence, or resides with the victim of domestic violence and fears further acts of domestic violence against his or her parent, custodian, or guardian; and
(3)
Agrees to the terms of participation in the address confidentiality program.
(c)
(1)
A licensee who participates in the address confidentiality program under this section shall be issued a driver's license that discloses a post office box address in lieu of his or her residence address.
(2)
(A)
The licensee shall provide to the Department of Finance and Administration his or her residence address, which shall be kept on file with the department for as long as the licensee holds a license that displays a post office box in lieu of a residence address.
(B)
The licensee shall update his or her residence address and post office box address with the department if a change occurs.
(3)
(A)
The department shall only disclose the residence address to a person who:
(i)
Presents a current and valid court order from a court in this state finding a compelling reason for access to the residence address;
(ii)
Presents valid identification to the department; and
(iii)
Is not a person who has been convicted of domestic violence against whom the order of protection has been entered or who is related by blood or marriage to the person against whom the order of protection has been entered.
(B)
The department shall maintain a record of each and every person to whom the department discloses the residence address.
(C)
The department shall provide written notice to the licensee that advises him or her of a disclosure to a third party.
(D)
(i)
The department shall accept complaints from the licensee if the licensee objects to the disclosure to a third party.
(ii)
The department shall refer a complaint to the prosecuting attorney for prosecution for perjury or another offense relating to judicial or other official proceedings under §
5-53-101
et seq. related to a false compelling reason stated in an affidavit under subdivision (c)(3)(A)(i) of this section.
(d)
The Secretary of the Department of Finance and Administration shall promulgate rules and forms to administer the address confidentiality program under this section.
Amended by Act 2021, No. 913,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 913,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 4658, eff. 7/1/2019.
Acts 2005, No. 1233, § 1.