(1)(a) An adult person, a
parent or guardian acting on behalf of a minor, or a guardian
acting on behalf of an incapacitated person, as defined in RCW 11.88.010, and (b) any criminal justice participant as defined in
RCW 9A.46.020 who is a target for threats or harassment
prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), and any
family members residing with him or her, may apply to the
secretary of state to have an address designated by the secretary
of state serve as the person's address or the address of the
minor or incapacitated person. The secretary of state shall
approve an application if it is filed in the manner and on the
form prescribed by the secretary of state and if it contains:
(i) A sworn statement, under penalty of perjury, by the
applicant that the applicant has good reason to believe (A) that
the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence,
sexual assault, trafficking, or stalking and that the applicant
fears for his or her safety or his or her children's safety, or
the safety of the minor or incapacitated person on whose behalf
the application is made; or (B) that the applicant, as a criminal
justice participant as defined in RCW 9A.46.020, is a target for
threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii)
or (iv);
(ii) If applicable, a sworn statement, under penalty of
perjury, by the applicant, that the applicant has reason to
believe they are a victim of (A) domestic violence, sexual
assault, or stalking perpetrated by an employee of a law
enforcement agency, or (B) threats or harassment prohibited under
RCW 9A.46.020(2)(b) (iii) or (iv);
(iii) A designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt of
mail;
(iv) The residential address and any telephone number where
the applicant can be contacted by the secretary of state, which
shall not be disclosed because disclosure will increase the risk
of (A) domestic violence, sexual assault, trafficking, or
stalking, or (B) threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv);
(v) The signature of the applicant and of any individual or
representative of any office designated in writing under RCW 40.24.080 who assisted in the preparation of the application, and
the date on which the applicant signed the application.
(2) Applications shall be filed with the office of the
secretary of state.
(3) Upon filing a properly completed application, the
secretary of state shall certify the applicant as a program
participant. Applicants shall be certified for four years
following the date of filing unless the certification is
withdrawn or invalidated before that date. The secretary of
state shall by rule establish a renewal procedure.
(4) A person who knowingly provides false or incorrect
information upon making an application or falsely attests in an
application that disclosure of the applicant's address would
endanger (a) the applicant's safety or the safety of the
applicant's children or the minor or incapacitated person on
whose behalf the application is made, or (b) the safety of any
criminal justice participant as defined in RCW 9A.46.020 who is a
target for threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), or any family members residing
with him or her, shall be punished under RCW 40.16.030 or other
applicable statutes.
[2011 c 64 § 2. Prior: 2008 c 312 § 3; 2008 c 18 § 2; 2001 c 28 § 2; 1998 c 138 § 2; 1991 c 23 § 3.]