VOICES AGAINST VIOLENCE: CURRENT STATUS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT LAWS IN KENTUCKY

Sponsor: Young Lawyers Division CLE Credit: 1.0 Thursday, June 19, 2014 3:45 p.m. - 4:45 p.m. Ballroom C Northern Kentucky Convention Center Covington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS

The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority.

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Kentucky Bar Association TABLE OF CONTENTS

The Presenters ...... i

Voices Against Violence: Current Status of Domestic Violence and Sexual Assault Laws in Kentucky ...... 1

Bill 12 ...... 7

HB 166 ...... 11

HB 166 Fact Sheet ...... 17

Dating Violence Brochure ...... 19

Domestic Violence and Housing Brochure ...... 21

Address Confidentiality Program ...... 23

Address Confidentiality Program FAQs ...... 25

Address Confidentiality Program Brochure ...... 27

Address Confidentiality Program Application ...... 29

THE PRESENTERS

Senator Sara Beth Gregory Carroll & Turner, PSC 56 Court Street Monticello, Kentucky 42633 (606) 348-9767 [email protected]

SARA BETH GREGORY is an attorney with Carroll & Turner, PSC. After graduating from the University of Kentucky College of Law and prior to joining Carroll & Turner, she served as a law clerk for Senior Judge Eugene E. Siler of the United States Court of Appeals for the Sixth Circuit. In 2010, Ms. Gregory successfully ran for election to the Kentucky House of Representatives. After serving one term in the House, she won a special election to the Kentucky Senate. Ms. Gregory now serves as State Senator for the Sixteenth Senatorial District. She is the Chair of the Government Contract Review Committee and also serves on the Administrative Regulation Review, Agriculture, Appropriations and Revenue, and Judiciary Committee. Ms. Gregory’s law practice primarily involves civil litigation, including personal injury, domestic relations, and business litigation cases. She also handles the majority of the firm’s appellate work and has been successful on appeals before both the Sixth Circuit and Kentucky Court of Appeals.

Secretary of State Alison Lundergan Grimes Capitol Building 700 Capitol Avenue, #152 Frankfort, Kentucky 40601 (502) 564-3490

SECRETARY OF STATE ALISON LUNDERGAN GRIMES serves as Kentucky's 76th Secretary of State. Prior to her election, she was employed by the National Kidney Foundation and maintained a private practice. Secretary Grimes received her B.A. from Rhodes College and her J.D., with honors, from American University, Washington College of Law. She serves on the Board of Directors of God's Pantry Food Bank and has served as President of the Fayette County Bar Association's Women Lawyers Association and as a member of the 2008 Democratic National Convention Rules Committee. Secretary Grimes was the recipient of the Fayette County Bar Association's 2010 Outstanding Young Lawyer.

i Gretchen Hunt Kentucky Association of Sexual Assault Programs 83 C. Michael Davenport Boulevard Frankfort, Kentucky 40604 (502) 226-2704 [email protected]

GRETCHEN HUNT has spent her career advocating on behalf of survivors of human trafficking, domestic violence and sexual assault. As Staff Attorney at the Kentucky Association of Sexual Assault Programs, she represents the thirteen rape crisis centers around the state, provides training and technical assistance and works on public policy affecting victims of sexual assault and trafficking. Last year, Ms. Hunt was a key partner in the passage of HB 3, Kentucky’s Human Trafficking Victims’ Rights Act and created the statewide human trafficking task force to implement the new law. She is a past recipient of the Leadership Award of Kentucky Women’s Law Enforcement Network and the Liberation Award from Kentucky Rescue and Restore for her work on human trafficking. She has taught courses on Gender and the Law and Domestic Violence at the University of Louisville Brandeis School of Law. Her articles on human trafficking have been published in the Journal of Trauma and Abuse and Kentucky Bench & Bar. Ms. Hunt is a graduate of Boston College and Boston College Law School.

Mary E. Savage Kentucky Domestic Violence Association 111 Darby Shire Circle Frankfort, Kentucky 40601 (502) 209-5382 [email protected]

MARY E. SAVAGE serves as Legal Counsel for the Kentucky Domestic Violence Association. She is a graduate of the University of Kentucky and its College of Law. After graduating from law school, Ms. Savage served on active duty with the United States Navy Judge Advocate General Corps in San Diego and Key West. Upon returning to Kentucky, she worked as an Assistant Commonwealth Attorney in Russell, Wayne, and Clinton Counties and then for the Appalachian Research and Defense Fund of Kentucky. She then moved to Anchorage, Alaska, where she worked for Alaska Legal Services.

ii VOICES AGAINST VIOLENCE: CURRENT STATUS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT LAWS IN KENTUCKY Gretchen Hunt

I. INTRODUCTION: HOW DOES SEXUAL ASSAULT AND DOMESTIC VIOLENCE INTERSECT WITH YOUR AREA OF PRACTICE?

Too often, we as lawyers think that domestic violence and sexual assault are only relevant to those who prosecute or practice family law. Sexual and domestic violence have impacts in housing, immigration, civil, tax and many other fields of practice. This session will allow us to delve into ways that you can integrate a higher standard of practice representing victims in your diverse fields. (Material: ABA Standards of Practice for Lawyers Representing Victims of Domestic Violence, Stalking and Sexual Assault, http://www.americanbar.org/ content/dam/aba/migrated/domviol/pdfs/0908/Standards_of_Practice_for_Lawyer s_Representing_Victims_of_DV_SA_Stalking.authcheckdam.pdf).

II. PREVALENCE OF SEXUAL AND DOMESTIC VIOLENCE IN KENTUCKY: WHAT DOES THE DATA TELL US?

A. The CDC recently released the National Intimate Partner and Sexual Violence Survey (NISVS), which is an on-going, nationally-representative survey that collects detailed information on sexual violence, stalking, and intimate partner violence victimization of adult women and men in the United States. 2010 was the first year of the survey, and it provides baseline data that will be used to track trends in sexual violence, stalking, and intimate partner violence. This survey not only collected national data, they also gathered state specific information so we can better describe and monitor the magnitude of these forms of violence that are individual to us.

The following are findings that are specific to the Commonwealth of Kentucky; these highlight the severity of Kentucky’s problem with sexual violence, stalking and intimate partner violence.

As of 2010,

 345,000, 20.3 percent, Kentucky women have been raped.

 812,000, 47.7 percent, Kentucky women have experienced sexual violence.

 313,000, 19.6 percent, men in Kentucky have experienced sexual violence.

 420,000, 24.7 percent, women in Kentucky were victims of stalking.

1  638,000, 37.5 percent, Kentucky women have been raped, stalked, and/or experienced physical violence by an intimate partner.

 495,000, 31 percent, Kentucky men have been raped, stalked, and/or experienced physical violence by an intimate partner.

Kentucky’s rates of sexual, domestic and stalking violence are higher than the national average.

B. Rape Crisis Centers (RCC) act as an agent of the state by contract through the Cabinet for Health and Family Services to provide services to victims of sexual assault (KRS 211.602). Kentucky’s thirteen RCCs are the only centers providing crisis counseling, medical and legal advocacy to victims of sexual assault, 14 percent of whom are children. Last year, Rape Crisis Centers served over 3,000 victims.

C. This high prevalence of sexual and domestic violence indicates that lawyers are serving victims in many areas of their practice, and that members of the bar are, statistically speaking, also represented among those impacted directly by domestic and sexual violence.

D. The implications for practice are that attorneys should be equipped to handle the dynamics of sexual, domestic violence and stalking that affect their client’s legal cases.

III. UPDATES IN LAWS ON DOMESTIC VIOLENCE & SEXUAL ASSAULT: THE 2014 LEGISLATIVE SESSION

A. Criminal Bills

1. Revenge porn – HB 130.

The distribution of non-consensual pornography is a lascivious act meant to humiliate the individual portrayed. Not only is this the ultimate invasion of an individual’s privacy, but it can also have a detrimental impact on their professional and personal lives.

HB 130 criminalizes intentional, non-consensual distribution of erotic images.

2. Equal penalties for penetration – HB 164.

Penalties should be equal whenever a perpetrator penetrates the victim’s body, regardless of whether penetration is by a sex organ, other body part (such as a fist or a finger), or a foreign object.

Under current statutes, penalties are disproportionately low for sex crimes where there is penetration by a fist, finger(s), or body part other than a sex organ. At least forty-three other states already provide equal penalties for penetration.

2 This bill would expand protections even further by removing the burden to prove lack of consent between a minor and a person of special trust for cases involving sexual offenses. Additionally, the provision allowing the victim or their guardian to request that the defendant be compelled to undergo an HIV test after finding probable cause or an indictment of a sexual offense is crucial to ensuring the victim is able to have peace of mind or take prompt action on this serious, life-altering health matter.

3. Strangulation – HB 269.

When a perpetrator strangles a victim to the point of loss of consciousness, he can rapidly cause death, brain damage, and other injuries in a very short period of time. Even when consciousness is not lost, severe, life-threatening damage can be sustained by the victim.

With this bill, Kentucky law will address the seriousness of this potentially lethal behavior. This bill would define strangulation and set it as a Class A misdemeanor by itself or Class D felony if committed in front of the victim’s child or minor in the household, if the victim is under the age of ten, or certain other aggravating circumstances are present. Additionally, it would amend KRS 403.761 to allow for strangulation to be considered by a court when determining substantial violations of domestic violence orders. This would provide greater protection for victims and their families.

4. Right to attend court proceedings – HB 242.

Criminal cases are complex and are often stretched out over time. Going forward in the judicial system can be stressful enough, but for many victims, they must also choose between being present for their own case and keeping their jobs.

There is no legal requirement that employers allow criminal victims time off for court appearances. This is not a choice anyone should have to make. In the long run, all of this can hamper prosecutors’ ability to bring a criminal perpetrator to justice.

5. Custody rights of rapists – HB 62.

Women endure a great deal after a sexual assault, both emotionally and physically. In addition to typical legal and health matters involved with their healing process, some victims also become pregnant. Currently in Kentucky, there are no protections in place for the woman, or her child, to prevent her rapist from petitioning the court for custody or visitation rights. This can not only be traumatic for the victim to now have her rapist connected to her life, but rapists will often threaten to pursue this avenue to intimidate the victim into dropping criminal charges.

3 These bills terminate the parental rights of a rapist following a conviction for rape.

6. Expungements for victims of human trafficking.

Victims of human trafficking are more often the targets of investigation and prosecution than are those who exploit and sell them. Victims may have criminal records for prostitution, drugs and other crimes.

Expungement for victims of trafficking offers them a way to clear their record of offenses committed under duress and pave the way to better employment, housing and stability.

B. Civil Protections

1. Dating violence protective orders – HB 8.

Protective orders are effective at reducing violence and save the state $85 million per year in deferred costs, such as police and justice system costs.

Forty-nine other states now permit victims of dating violence to get protective orders.

Dating violence protective orders will be extended for those most vulnerable among us, including young people and seniors. HB 8 offers those in a dating relationship the right to existing domestic violence protective orders.

2. Housing protections for victims – HB 166.

Sexual violence affects every part of individuals’ lives, including housing. Because most rapes are committed in the home of the victim or a person the victim trusts, many victims need to move in order to be safe and to heal. Some states have laws providing housing and legal rights for survivors. For example, survivors may be allowed to terminate leases without penalty following sexual violence, to not face discrimination on account of being a victim and be able to change the locks on their apartment to improve safety.

Kentucky has not enacted any such legislation. Furthermore, VAWA provides protections for public housing tenants who have been subjected to domestic violence, stalking, dating violence and sexual assault.

HB 166 would create two areas of protection for victims: 1) the right to break a lease without penalty if the victim possesses a court order of no-contact and 2) creating a protected category in housing law of "qualified crime victim," to include, among others,

4 victims of domestic violence, sexual violence, stalking and human trafficking.

3. Adult abuse, neglect and exploitation reports – SB 98.

Elderly individuals and individuals with disabilities face increased risks of sexual violence and decreased opportunities for effective response. Fortunately, the need for improved response is increasingly recognized throughout Kentucky.

SB 98 would require entities that provide personal care services to vulnerable adults to check for previous substantiated findings of adult abuse, neglect or exploitation through the Cabinet for Health and Family Services. This would help ensure that Kentucky’s vulnerable adults are not receiving care from known abusers.

C. Federal Law

1. PREA.

The Prison Rape Elimination Act was passed over a decade ago, but the standards for compliance were just issued in 2013. Kentucky Department of Corrections and Kentucky Department of Juvenile Justice have both entered into Memorandums of Understanding (MOU) with the Kentucky Association of Sexual Assault Programs (KASAP) to implement the standards. At a minimum, victims of prison rape in Kentucky are entitled to sexual assault forensic exams (with advocacy by RCC advocate) and confidential counseling and services from a RCC. Victims also have rights in prison and juvenile facilities that range from protections for LGBT individuals to housing and classification protections to ensure that they are safe from sexual violence and harassment.

2. Title IX.

Few individuals are aware that Title IX prohibits sexual harass- ment and sexual assault in educational settings in addition to redressing inequality in sports. In 2011, the federal government issued a "Dear Colleague letter" outlining responsibilities to address sexual harassment and sexual assault on campus and in high schools. We will address the historic justice gaps for victims of sexual assault and the safeguards of Title IX with regard to reporting, services, accommodations and administrative hearings.

5 IV. HOW TO BECOME INVOLVED IN ELEVATING LEVEL OF PRACTICE/ RESPONSE TO SEXUAL VIOLENCE AND DOMESTIC VIOLENCE IN KENTUCKY

A. Voices Against Violence

Pro bono representation in protective order hearings.

B. Representation of Sexual Assault Survivors on Campus

A pilot project is beginning in Louisville, including a CLE seminar to train interested attorneys in representation of sexual assault victims in administrative hearings on campus. Following this CLE seminar, these attorneys will be an emergency response team, coordinated out of the Legal Aid Society of Louisville. The goal of the project is to provide much needed representation and increase the level of reporting of sexual violence on campus.

C. Public Policy

KASAP and its partner agency, the Kentucky Domestic Violence Association (KDVA) adopt public policy priorities each year and advocate on behalf of these priorities at the state and national level. If you are interested in following these bills, please sign up for our listserv at www.kasap.org.

V. CONCLUSION

What are your questions? What is one way you are going to take the information you have learned today and apply it to your work?

6 UNOFFICIAL COPY AS OF 05/08/14 14 REG. SESS. 14 RS BR 11

AN ACT relating to domestic violence.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

 Section 1. KRS 403.720 is amended to read as follows:

As used in KRS 403.715 to 403.785:

(1) "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple;

(2) "Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;

(3) "Global positioning monitoring system" means a system that electronically determines a person's location through global positioning satellite technology, radio frequency technology, or a combination thereof and reports the location of an individual through the use of a transmitter or similar device worn by that individual and that transmits latitude and longitude data to a monitoring entity. The term does not include any system that contains or operates global positioning system technology, or any other similar technology, that is implanted or otherwise invades or violates the individual's body;[ and]

(4) "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple,[ or] a member of an unmarried couple who are living together or have formerly lived together, or persons who are or have been in a dating relationship; and

(5) "Dating relationship" means a relationship between individuals who have or have had a relationship of a romantic or intimate nature. The following factors may be considered in determining whether the relationship between the petitioner and the respondent is currently or was previously a romantic or intimate relationship:

(a) The nature of the relationship was characterized by the expectation of affection between the parties;

(b) The frequency and type of interaction between the persons involved in the relationship included the fact that the persons have been involved over time and on a continuous basis during the course of the relationship;

(c) The relationship existed within the past three (3) years; and

7 (d) The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

 Section 2. KRS 403.735 is amended to read as follows:

(1) Upon the filing of a petition, as provided for in KRS 403.725, the court, after review of the petition and determining that domestic violence and abuse exists, without a jury, shall utilize one (1) of the alternatives provided for in KRS 403.740 or 403.745.

(2) A court may issue mutual protective orders only if a separate petition is filed by the respondent. Pursuant to KRS 403.740 and 403.750, the court shall then provide orders, sufficiently specific to apprise any peace officer as to which party has violated the order if there is probable cause to believe a violation of the order has occurred.

(3) (a) All courts shall provide twenty-four (24) hour access to emergency protective orders.

(b) Each court shall submit written procedures for twenty-four (24) hour accessibility to be reviewed and approved by the Kentucky Supreme Court.

(c) Each court shall establish the local protocol in domestic violence matters in which there may be joint jurisdiction between District and Circuit Court. Each court shall submit the written procedures to be reviewed and approved by the Kentucky Supreme Court.

(d) All amendments or revisions to the local procedures required pursuant to this section shall be submitted to the Kentucky Supreme Court for review and approval.

(4) If an emergency protective order is not issued, the court shall note on the petition, for the record, any action taken or denied and the reason for it.

(5) If the petitioner or respondent is a minor, the court shall inquire whether the parties attend school in the same school system. If they do, the court shall impose conditions having the least disruption in the administration of education to the parties while providing appropriate protection to the petitioner.

(6) If the court determines that the petitioner is not eligible for an emergency protective order, the court shall inform the petitioner of the petitioner's ability to contact the county attorney as provided in KRS 403.743.

(7)[(6)] An order of protection issued under the provisions of KRS 403.715 to 403.785 shall become effective and binding on the respondent at the time of personal service or when the respondent is given notice of the existence and terms of the order by a peace officer or the court, whichever is earlier. After notice of the existence and terms of the order is given to the respondent, a peace officer or

8 the court may enforce the terms of the order, and act immediately upon any violation of the order. After notice of the order, all reasonable efforts shall be made by the peace officer or the court to arrange for personal service of the order upon the respondent.

9 10 UNOFFICIAL COPY AS OF 05/08/14 14 REG. SESS. 14 RS BR 3

AN ACT relating to tenancies in real property.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

 SECTION 3. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO READ AS FOLLOWS:

(1) Any tenant protected by a court order identified in paragraph (a), (b), or (c) of this subsection may terminate his or her lease or rental agreement for a dwelling unit by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least thirty (30) days after the landlord's receipt of the notice. The notice to the landlord shall be accompanied by a copy of a valid:

(a) Domestic violence order issued pursuant to KRS 403.750;

(b) Pretrial release no contact order issued pursuant to KRS 431.064; or

(c) Stalking restraining order issued pursuant to KRS 508.155.

(2) Upon termination of a rental agreement under this section, the released tenant shall:

(a) Be liable for the rent due under the rental agreement prorated to the effective date of the termination and payable at the time that would have been required by the terms of the rental agreement;

(b) Not receive a negative credit entry, a negative character reference, or be liable for any other rent or fees due solely to the early termination of the tenancy; and

(c) Not be subject to any damages or penalties if a rental agreement is terminated under this section fourteen (14) or more days prior to occupancy.

(3) Notwithstanding the release of a protected tenant from a rental agreement under this section, if there are any remaining tenants residing in the dwelling unit, the tenancy shall continue for those tenants.

(4) This section shall apply only to leases or rental agreements created or renewed on or after the effective date of this Act.

 Section 4. KRS 344.010 is amended to read as follows:

In this chapter:

(1) "Person" includes one (1) or more individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal

11 representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal or commercial entity; the state, any of its political or civil subdivisions or agencies.

(2) "Commission" means the Kentucky Commission on Human Rights.

(3) "Commissioner" means a member of the commission.

(4) "Disability" means, with respect to an individual:

(a) A physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

Persons with current or past controlled substances abuse or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990 (P.L. 101-336) shall be excluded from this section.

(5) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under this chapter.

(6) "Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above.

(7) "Housing accommodations" includes improved and unimproved property and means any building, structure, lot or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied as the home or residence of one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building or structure.

(8) "Real estate operator" means any individual or combination of individuals, labor organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entity, the county, or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; or an individual employed by or acting on behalf of any of these.

(9) "Real estate broker" or "real estate salesman" means any individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other

12 valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds himself out as engaged in these activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, rental, or lease of real estate through its listing in a publication issued primarily for this purpose; or any person employed by or acting on behalf of any of these.

(10) "Financial institution" means bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed by or acting on behalf of any of these.

(11) "Licensing agency" means any public or private organization which has as one (1) of its duties the issuing of licenses or the setting of standards which an individual must hold or must meet as a condition to practicing a particular trade or profession or to obtaining certain employment within the state or as a condition to competing effectively with an individual who does hold a license or meet the standards.

(12) "Credit transaction" shall mean any open or closed end credit transaction whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the course of the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations, or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or services therefrom may be deferred.

(13) "To rent" means to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(14) "Family" includes a single individual.

(15) (a) "Familial status" means one (1) or more individuals who have not attained the age of eighteen (18) years and are domiciled with:

1. A parent or another person having legal custody of the individual or individuals; or

2. The designee of a parent or other person having custody, with the written permission of the parent or other person.

13 (b) The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

(16) "Discriminatory housing practice" means an act that is unlawful under KRS 344.360, 344.367, 344.370, 344.380, or 344.680.

(17) "Qualified crime victim" means a person coming within the definition of "victim" in KRS 421.500.

 Section 5. KRS 344.360 is amended to read as follows:

It is an unlawful housing practice for a real estate operator, or for a real estate broker, real estate salesman, or any person employed by or acting on behalf of any of these:

(1) To refuse to sell, exchange, rent, or lease, or otherwise deny to or withhold, real property from any person because of race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(2) To discriminate against any person because of race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin in the terms, conditions, or privileges of the sale, exchange, rental, or lease of real property or in the furnishing of facilities or services in connection therewith;

(3) To refuse to receive or transmit a bona fide offer to purchase, rent, or lease real property from any person because of race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(4) To refuse to negotiate for the sale, rental, or lease of real property to any person because of race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(5) To represent to any person that real property is not available for inspection, sale, rental, or lease when it is so available, or to refuse to permit any person to inspect real property because of his race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(6) To make, print, circulate, post, or mail or cause to be printed, circulated, posted, or mailed an advertisement or sign, or to use a form of application for the purchase, rental, or lease of real property, or to make a record of inquiry in connection with the prospective purchase, rental, or lease of real property, which indicates, directly or indirectly, a limitation, specification, or discrimination as to race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin or an intent to make such a limitation, specification, or discrimination;

(7) To offer, solicit, accept, use, or retain a listing of real property for sale, rental, or lease with the understanding that any person may be discriminated against in the sale, rental, or lease of that real property or in the furnishing of facilities or

14 services in connection therewith because of his race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(8) To otherwise deny to or withhold real property from any person because of his race, color, religion, sex, familial status, qualified crime victim status, disability, or national origin;

(9) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a housing accommodation to any buyer or renter because of a disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that housing accommodation after it is so sold, rented, or made available; or

(c) Any person associated with that buyer or renter; or

(10) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such housing accommodation, because of a disability of:

(a) That person; or

(b) A person residing in or intending to reside in that housing accommodation after it is sold, rented, or made available; or

(c) Any person associated with that person.

(11) For purposes of this section, discrimination includes:

(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by a person, if the modifications may be necessary to afford the person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a housing accommodation; or

(c) In connection with the design and construction of covered multifamily housing accommodations for first occupancy after January 1, 1993, a failure to design and construct those housing accommodations in a manner ensuring that they have at least one (1) entrance on an accessible route unless impractical to do so because of the terrain or unusual characteristics of the site. Housing accommodations with a

15 building entrance on an accessible route shall comply with the following requirements:

1. The public use and common use portions of the housing accommodations shall be readily accessible to and usable by disabled persons;

2. All the doors designed to allow passage into and within all premises within the housing accommodations shall be sufficiently wide to allow passage by disabled persons in wheelchairs; and

3. All premises within the housing accommodations shall contain the following features of adaptive design:

a. An accessible route into and through the housing accommodation;

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c. Reinforcements in bathroom walls to allow later installation of grab bars; and

d. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(12) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled persons, (commonly cited as "ANSI A117.1 - 1986") suffices to satisfy the requirements of subsection (11)(c)3. of this section.

(13) As used in subsection (11) of this section, the term "covered multifamily housing accommodation" means:

(a) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and

(b) Ground floor units in other buildings consisting of two (2) or more units.

(14) Nothing in this section requires that a housing accommodation be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

16 HB 166: LEASE TERMINATION FOR VICTIMS OF ASSAULT, DOMESTIC VIOLENCE AND STALKING Introduced by Representative Joni Jenkins

HB 166 creates a new section of KRS Chapter 383 to:

 Provide that a victim of assault, domestic violence, or stalking may terminate a lease or rental agreement upon thirty days' written notice to the landlord if the victim has a domestic violence protective order, a pre-trial release no-contact order, or a stalking restraining order;

 Amend KRS 344.010 to define a qualified crime victim as a victim of assault, domestic violence, or stalking, and

 Amend various sections in KRS Chapter 344 to include qualified crime victims as protected persons under real estate related civil rights statutes and provide that landlords cannot refuse to rent to a person simply because they are a victim of domestic violence, sexual assault or stalking.

Why Are These Protections Needed?

 Victims of domestic violence, stalking and sexual violence frequently incur housing problems related to the violence they are experiencing. Victims who live in rental housing are three times more likely to experience violence than victims who own their own homes.

 Over 75 percent of non-fatal violent crimes committed against spouses occurred at or near the victim’s home or apartment. U.S. Department of Justice, Bureau of Justice Statistics, Family Violence Statistics, June 2005

 Domestic Violence victims may feel economically compelled to choose to stay with their abuser or in their current living situation, rather than face the economic hardship of leaving. (NCADV Domestic Violence Facts)

The Majority of States and the Federal Government Provide Some Form of Leasing Protection to Victims of Domestic Violence, Sexual Assault or Stalking

 Twenty-nine states currently provide victims of domestic violence, sexual assault and stalking with some type of protection around leasing including twenty states that allow early termination of rental agreements.

 VAWA 2005 protects victims of actual or threatened domestic violence, dating violence, or stalking, or an immediate family member of the victim, who are living in, or seeking admission to, a Public Housing Program, the Housing Choice Voucher Program or Section 8 housing.

For more information about this bill, contact Mary Savage or Sherry Currens at the Kentucky Domestic Violence Association at (502) 209-5382 or by emailing [email protected] or [email protected].

17 18 These are normal reactions to being abused.

You are not alone. TheseThese are are normal normal reactions reactions totoIF beingYOU being ARE abused. abused. BEING ABUSED, YOU MIGHT… If so, you are in an abusive relationship. We can help. YouYou are are not not alone. alone. is it ➤ Believe it’s your fault. If you are in immediate ➤ Feel angry, sad, lonely, depressed, or confused. We danger,can call help. 911. ➤ ABUSE? IfIfFeel so, so, helpless you you to stop are are the abuse. in in an an abusive abusive relationship. relationship.The National Center We We canfor can Victims help. help. of Crime can ➤ Feel threatened, humiliated, or ashamed. help you make a safety plan, learn more about your legal rights, and find help in your area. IfIf you you are are in in➤ Feel immediate immediate anxious, trapped, or lonely. ➤ danger,danger, call callWorry about 911. 911. what might happen next. ➤ Feel like you can’t talk to family or friends. ➤ Be afraid of getting hurt. 1-800-FYI-CALL ➤ Feel protective of your boyfriend or girlfriend. TTY 1-800-211-7996These are normal reactions ➤ Feel bad about yourself because the abuser says to being abused. you are stupid, lazy, ugly, worthless, helpless, crazy, Monday-Friday or things like that. 8:30 a.m. - 8:30You p.m. are EST not alone. TheseThese are are normal normal reactions reactions www.ncvc.org toto being being abus abused.ed. [email protected] so, you are in an abusive relationship. We can19 help. YouYou areare notnot alone.alone. If you are in immediate IF SOMEONE YOU danger, call 911. IfIfKNOW so, so, you you IS are areBEING in in an anABUSED, abusive abusive relationship. relationship. We We can can help. help. YOU CAN HELP IfIf you you are are in in immediate immediate danger,danger, call call➤ Listen. 911. 911.Show support. Don’t blame the victim for the crime. Tell your friend that you’re worried about them. Ask how you can help. ➤ Encourage your friend to seek help; give them information about victim service providers. ➤ Avoid confronting the abuser. It could be dangerous. ➤ Instead of deciding what’s best for your friend, This document was developed under grant number 2002-X1678-DC-WT from the Office on help your friend make their own decisions. Violence Against Women of the U.S. Department of Justice. The opinions and views expressed are those of the author(s) and do not necessarily represent the official position or policies of ➤ Find someone you can talk to about your feelings the Office on Violence Against Women, U.S. Department of Justice.

about the situation. This document is available in printed version or pdf format and may be reproduced only in its ➤ entirety. Any alterations other than the addition of agency contact information must be For more ideas on how you can help, approved by the National Center for Victims of Crime. Contact us at (202) 467-8700 or call 1-800-FYI-CALL. [email protected]. Dating Violence IS IT DATING VIOLENCE? THINGS YOU CAN DO

If the person you’re involved with acts Abuse can be unpredictable and dangerous. No Thesecontrolling, areaggressive, normal coercive, or reactionsviolent, One in five teenagers two situations are alike, and there are no guarantees that’s abuse. Relationships can be abusive that what works for one person will work for another. toeven if being there is no abused.hitting: abuse can be has experienced violence Yet you can take steps to increase your safety: verbal, emotional, physical, or sexual, or a in a dating relationship. ➤ If you are in immediate danger, call 911 or Youcombination are of these. not alone. the campus security number. ➤ Trust your instincts. Don’t downplay the danger. Ask yourself: Does my boyfriend or girlfriend… If you feel unsafe, you probably are. If so, you are in an abusive relationship. We can help. Call or page me frequently to find out where Follow me or track where I go? Show up ➤ Take threats seriously. Danger often is highest I am, who I’m with, or what I’m doing? repeatedly at my home or work uninvited? when the abuser talks about suicide or murder, If you are in immediate Check up on me all the time? or when a victim tries to leave or end the Tell me what to wear? danger, call 911. relationship. Refuse to allow me normal contact with Have to be with me all the time? my family and friends? ➤ Get help from a crisis hotline, domestic violence Call me names, insult me, or criticize me? program, campus health or counseling center, or Shove, punch, slap, pinch, kick, or hit me? victim services agency. They can help you make a Act jealous, possessive, controlling, or bossy? Pull my hair? Strangle or choke me?

safety plan, give you information about laws in your 20 Give me orders or make all the decisions? Touch or kiss me when I don’t want to? Force state, refer you to other services, and weigh options me to have sex? Not let me use birth control? such as seeking a protection order. Get angry very quickly, or fight a lot? These are normal reactions Use alcohol or drugs and pressure me to do ➤ Develop a safety plan for when you go to class, Threaten to hurt me or someone in my family to being abused. it too? the dining or residence hall, your job——or for other if I don’t do what they want? social situations. Involve friends and school staff, Refuse to accept that the relationship isn’t Threaten to hurt themselves if I don’t do what and keep a log of times the abuser contacts, You are not alone. working or is over? they want? threatens, follows, or harms you. ➤ Some types of abuse are crimes and you can file a report with the police. Campus judicial programs If so, you are in an abusive relationship. We can help. can provide sanctions for on-campus violations. Anyone can be involved with an abuser. It can happen in straight or gay relationships. Both women and men are victims, ➤ Tell your friends, roommates, and others about If you are inbut womenimmediate and men abuse their partners in different ways. In some relationships the abuse only happens once in a while; the abuse and seek their support. Tell the security danger, callin others it 911.’s every day. staff at school and at work. Ask them to watch out for you. Girls and women ages 16 to 24 are most likely to be abused in a dating relationship. NATIONAL COALITION AGAINST DOMESTIC VIOLENCE DOMESTIC VIOLENCE AND HOUSING WHY IT MATTERS estimated 1.3 m illion wom are victims of ph sical assault by an intimate partnr each ar.1 Many of these victims are forced to stay with or return to their abusive partners because of a lack of available shelter or affordable housing. In 2000, more than half of the U.S. cities surveyed by the U.S. Conference to Mayors identified domestic violence as a primary cause of homelessness.2 Victims of domestic violence need access to safe, adequate, and affordable housing in order to gain independence and permanently end the cycle of violence.

DOMESTIC VIOLENCE & HOMELESSNESS ñ Because a victim of domestic violence will often leave her abuser multiple times before she finally escapes the violence, she and her children may experience multiple periods of homelessness.3 ñ Requests for emergency shelter by homeless families with children increased in 88% of U.S. cities surveyed in 2003.4 ñ 92% of homeless women experienced severe physical and/or sexual assault at some point in their lifetime.5 ñ In some regions of the country, approximately one-third of all homeless women are homeless due to domestic violence.6 ñ One study found that 46% of homeless women reported staying in an abusive relationship because they had nowhere to go.7 ñ Almost half of women receiving funds from Temporary Assistance to Needy Families (TANF) reported domestic violence as a factor in their need for assistance.8 SECURING PERMANENT HOUSING ñ Domestic violence victims often return to their batterers when a viable option for permanent housing cannot be found.9 ñ The number of people in need of federal rent subsidies to afford housing outweighs the number of units available. In some states, people have remained on the waiting list for years.10 11 ñ A family earning minimum wage cannot afford a two-bedroom apartment at fair market rent. ñ Victims and survivors of domestic violence often have trouble finding other housing as their history of abuse may have caused poor employment, credit or rental histories.12 ñ Due to high demand, most domestic violence shelters do not allow victims to stay for more than 90 days. However, the average length of time it takes a homeless family to secure housing is six to ten months.13

DV AND HOUSING DISCRIMINATION ñ Landlords frequently turn away women who have protection orders or other indications of domestic violence.14 ñ Many victims of domestic violence fear calling law enforcement if they are in danger due to —zero tolerance for crime“ policies. These policies allow landlords to evict tenants when violence occurs in the home, regardless of whether the tenant is the victim or the perpetrator of violence.15 ñ Under a similar —one strike“ policy, federal law allows public housing authorities to evict families for criminal activity committed by a tenant‘s family member or guest. Some public housing authorities have improperly used this provision to evict victims of domestic violence.16

The Public Policy Office of the National Coalition Against Domestic Violence (NCADV) is a national leader in the effort to create and influence Federal legislation that positively affects the lives of domestic violence victims and children. W e work closely with advocates at the local, state and national level to identify the issues facing domestic violence victims, their children and the people who serve them and to develop a legislative agenda to address these issues. NCADV welcomes you to join us in our effort to end domestic violence.

21 IF YOU NEED HELP

ñ If you are a victim of domestic violence and need immediate assistance, call the National Domestic Violence Hotline at 1-800-799-SAFE or visit www.ndvh.org. ñ If you feel you have been discriminated against in housing because of domestic violence, contact the National Coalition Against Domestic Violence at (202) 745-1211 or visit www.ncadv.org.

HOUSING LAWS IN YOUR STATE ñ One way to reduce the risk of homelessness for domestic violence survivors is to protect them from housing discrimination on the basis of domestic violence. Some states have already adopted laws specifically aimed at reducing housing discrimination against domestic violence victims. However, most states have no laws that explicitly guarantee survivors the right to be free of housing discrimination. To learn more about the laws in your state, check out Legal Momentum‘s —Housing Laws Protecting Victims of Domestic and Sexual Violence“ at www.legalmomentum.org/issues/vio/housing.pdf. ñ States which provide a defense against eviction to victims of domestic violence – Colorado (Col. Rev. Stat. Ann. § 13-40-107.5), Iowa (Iowa Code § 562A.27A & 562B.25A), New Mexico (N.M. Stat. Ann. § 47-8-33), Rhode Island (R.I. Gen. Laws § 34-37-1, -2, -3, -4), W ashington (Wash. Rev. Code Ann. § 59.18.130 & E.H.B. 1645, 58th Leg.), and W isconsin (Wis. Stat. Ann § 106.50). ñ States which place restrictions on the ability of public housing agencies to terminate the tenancies of victims of domestic violence – California (Cal. Health and Safety Code § 34328.1) and Louisiana (La. Rev. Stat. Ann § 40.506). ñ States which prohibit landlords from including provisions in rental agreements that waive a tenant‘s right to call law enforcement in response to domestic violence – Arizona (Ariz. Rev. Stat. Ann. § 33-1315), Colorado (Col. Rev. Stat. Ann. § 38-12-401), Minnesota (Minn. Stat. § 504B.205), and Texas (Tex. Prop. Code Ann. § 92.015). ñ States which require landlords to release victims of domestic violence from rental agreements – Oregon (Or. Rev. Stat. Ch. 659A, § 90.453), and W ashington (Wash. Rev. Code Ann § 59.18.352).

SOURCES

1 Costs of Intimate Partner Violence Against W omen in the United States. Centers for Disease Control and Prevention. National Center for Injury Prevention and Control, http://www.cdc.gov/ncipc/pub-res/ipv_cost/index.htm. 2Housing First: A Special Report. NPR, http://www.npr.org/news/specials/housingfirst/whoneeds/abuse.html. 3 A. Browne & S. Bassuk, Intimate Violence in the Lives of Homeless and Poor Housed Women, American Journal of Orthopsychiatry, 67(2) 261-278 (April 1997). 4 National Conference of Mayors, Hunger and Homelessness Survey 71 (December 2003). 5 National Low Income Housing Coalition, http://www.nlihc.org/advocates/vawa.htm 6, 7 W ilder Research Center, Homeless in Minnesota 2003, 22 (February 2004). 8 Rapheal, J., Welfare Women, Violent Men, The Christian Science Monitor (1995). 9 A. Correia, Housing and Battered Women, National Resource Center on Domestic Violence (March 1999). 10 J. Davies & R. Hammeal-Urban, Federal Housing and Domestic Violence: Introduction to Programs, Policy, and Advocacy Opportunities, National Resource Center on Domestic Violence (1999). 11 Housing in America: Recent Research on Housing Trends, Campaign for Housing and Community Development Funding (2003). 12 Susan Reif & Lisa Krishner, Subsidized Housing and the Unique Needs of Domestic Violence Victims, National Center on Law and Poverty (2000). 13 Lifting the Voices of Homeless Women, Roofless W omen‘s Action Research Mobilization, W omen‘s Institute for Housing and Economic Development (1997). 14, 15 , 16 Interviews with State Coalitions and Local Shelter Programs, National Coalition Against Domestic Violence (2003).

NCADV Public Policy Office ‡ 1633 Q St NW # 210 ‡ Washington, DC 20009 ‡ (202) 745-1211 ‡ Fax: (202) 745-0088 [email protected]

22 ADDRESS CONFIDENTIALITY PROGRAM Reprinted from http://www.sos.ky.gov/elections/ACP/Pages/default.aspx

Kentucky courts issue tens of thousands of domestic violence and emergency protective orders every year. And according to the CDC's National Intimate Partner and Sexual Violence Survey, as of 2010, nearly half of all Kentucky women and 1 in 5 Kentucky men have experienced sexual violence.

Secretary Grimes believes that no eligible voter should be discouraged from voting out of fear for his or her safety, or the safety of his or her children. But because voter records are generally available to the public, many victims do not register to vote because they fear the perpetrators of the crimes against them would be able to determine their addresses, compromising their security.

Now, thanks to the Address Confidentiality Program (ACP), these individuals no longer have to make the impossible choice between their safety and exercising the fundamental right to vote.

Two categories of people are eligible to participate in the ACP:

 Those who have a current emergency protective order or domestic violence order under KRS Chapter 403, and

 Victims of a specified offense, including domestic violence and abuse, stalking, a sex crime, or a crime against a minor victim) in an ongoing criminal case or a criminal case that resulted in a conviction.

To become a participant, the eligible individual (or someone authorized on his or her behalf) must complete the ACP Application. Hard copies are available from the Secretary of State and county clerks' offices, as well as through authorized assistance agencies. Applications must be submitted to the Secretary of State's office.

If you are certified, you will be allowed to vote via mail-in absentee ballot, and your name and address will not be included on any publicly available voter records.

Certification lasts for two years, unless it is cancelled or the participant withdraws before the expiration date. Certification can be renewed before the expiration date.

Other Information

Please review the ACP Brochure and frequently asked questions for more details about this important program. Research resources are also available through this website.

All forms for the ACP program are available here, or you can contact the Secretary of State's office to have copies emailed or mailed to you, or if you have any questions:

 Phone: (844) 292-KACP (toll-free) (502) 564-3490

23  Fax: (502) 564-5687

 Email: [email protected]

 Mail: Address Confidentiality Program c/o Office of the Secretary of State Michelle Starkweather, Program Coordinator 700 Capital Ave., Ste. 152 Frankfort, KY 40601

24 FREQUENTLY ASKED QUESTIONS Reprinted from http://www.sos.ky.gov/elections/ACP/Pages/Frequently-Asked-Questions.aspx

Who Is Eligible to Participate in the ACP?

The ACP is open to United States citizens and residents of Kentucky who: (1) are victims of domestic violence and abuse, stalking, a sex crime, or a crime against a minor victim in a criminal case that is ongoing or resulted in a conviction, or (2) individuals who have been granted a currently in-effect emergency protective order or domestic violence order under KRS Chapter 403 by a court of competent jurisdiction within Kentucky.

What Are the Benefits of the ACP?

The ACP allows you to register to vote and vote without fear that your address will be made public. Specifically, if you are a program participant, you will be assigned an address for voting purposes, and your voting records – including your name and address – will be kept out of publicly available voter records. In addition, you will be permitted to vote via mail-in absentee ballot.

How Do I Participate in the ACP?

If you are eligible and believe that disclosure of your address would endanger you or your children, you can apply to participate in the ACP by submitting a completed Application to the Secretary of State's office. If your Application is properly completed and you are not required to register as a sex offender or otherwise prohibited from participating, the Secretary of State will certify you as a participant. You will receive a participant card setting forth your participant number and voting address.

I Need Help Applying for Certification. Can Someone Else Assist Me?

If you need help filling out your Application, please contact the Secretary of State's office or one of the designated assistance agencies. In addition, if the applicant is a minor or has been declared incompetent, then a parent, guardian, or the designee of a parent or guardian may apply for the applicant.

How Much Does It Cost to Participate in the ACP?

There is no cost to apply for or participate in the ACP.

Can I Use My Voting Address for Other Purposes?

No. The ACP is only one part of your overall safety plan. The ACP alone cannot keep you safe under all circumstances, but it does enable you to vote without fear for your safety, or the safety of your children.

How Long Does Certification Last?

Certification is effective for two years, unless you withdraw or your certification is cancelled prior to that date.

25 How Can I Renew My Certification?

If you want to renew your certification to participate in the ACP, you must submit to the Secretary of State, at least five business days before your certification expires, a renewal Application. You will be notified whether your certification was renewed within five business days after the Secretary of State receives your renewal Application.

For What Reasons Will Certification Be Cancelled?

Certification will be cancelled if you applied using false information or are required to register as a sex offender. Certification may be cancelled if you fail to notify the Secretary of State within fourteen days of a change of your name or address.

Can I Appeal a Cancellation of Certification?

Yes. In order to appeal a cancellation of your certification, within thirty days after your certification is cancelled, you must submit an Appeal, including an explanation of why your certification should not be cancelled, to the State Board of Elections. The State Board of Elections will approve your appeal if grounds for cancellation do not exist.

26 Assistance Agencies A number of agencies, in all geographic areas of the Are You a Victim of Commonwealth, are authorized to assist individuals in applying to participate in the ACP. A list of those agencies is available online at sos.ky.gov, or you can a Sex Crime or call the Secretary of State’s Office to find an agency near you. Domestic Violence? Confidentiality of Records In addition to names and addresses in voting records, the records in program participants’ files are confidential. They will not be released except as required by a court of law or upon request by a law enforcement official.

Contact Information • Telephone: (502) 564-3490 (844) 292-KACP • Fax: (502) 564-5687 • Email: [email protected] • Website: sos.ky.gov • Mailing Address: Address Confidentiality Program c/o Office of the Secretary of State Michelle Starkweather, Program Coordinator 700 Capital Ave., Ste. 152 Address Confidentiality Program Frankfort, KY 40601 Office of the Secretary of State A Message from Secretary of State Alison Lundergan Grimes No voter should be discouraged from casting a ballot out of fear for his or her safety, or the safety of his or sos.ky.gov her children. By excluding their names and addresses from publicly available voter records and allowing Find us on them to vote via mail-in absentee ballot, the Kentucky Twitter @KYSecofState and on Address Confidentiality Program ensures that victims Facebook at facebook.com/kysecretaryofstate of sex crimes or domestic violence no longer have to This brochure was prepared by the Office of Creative Services. make the impossible choice between their security Printing paid from state funds. KRS 57.375. and exercising the fundamental right to vote.

27 What is the Kentucky Address well as through authorized assistance agencies. Applications must be submitted to the Secretary of Confidentiality Program? State’s Office. The Kentucky Address Confidentiality Program (ACP) If you need help with the application process, please helps victims of certain crimes, including domestic contact the Secretary of State’s Office or an assistance violence, abuse and sex crimes, safely exercise their agency. right to vote by: • Keeping their names and addresses from appearing How Does ACP Work? on publicly available voter If an applicant meets all the requirements, the records, and Secretary of State will certify him/her as a program • Allowing them to vote via participant. mail-in absentee ballot. A participant is allowed to vote via mail-in absentee The program is administered ballot, and his/her name and address will not be by the Kentucky Secretary of included on any publicly available voter records. State’s Office. There is no cost In order to receive the full benefit of the ACP, a to apply or participate. participant should vote via mail-in absentee ballot. The ACP is only one component of a victim’s Certification lasts for two years, unless it is cancelled overall safety plan. While the ACP alone can’t keep or the participant withdraws before the expiration a participant safe under all circumstances, it does date. A participant can apply for renewal prior to the enable participants to vote without fear for their or expiration date. their children’s safety.

Who is Eligible? There are two categories of individuals eligible to participate in the ACP: • Those who have a current emergency protective order or domestic violence order under KRS Chapter 403, and • Victims of a specified offense (e.g., domestic violence and abuse, stalking, a sex crime, or a crime against a minor victim) in an ongoing criminal case or a criminal case that resulted in a conviction. Cancellation of Participation The Secretary of State may cancel a program How Can a Victim Apply? participant’s certification if the participant: To become a participant, the eligible individual • Fails to timely notify the Secretary of State of a (or someone authorized on his/her behalf) must change of name or address, complete the ACP application, which is available online at sos.ky.gov. Hard copies are available from • Applies using false information, or the Secretary of State and county clerks’ offices, as • Is required to register as a sex offender.

28 Rev. 03/14

ALISON LUNDERGAN GRIMES SECRETARY OF STATE

APPLICATION FOR CERTIFICATION TO PARTICIPATE IN ADDRESS CONFIDENTIALITY PROGRAM

Instructions: 1. Print in black or blue ink or type. 2. This is a two-page form. Complete both pages, sign and date where indicated on second page of form. 3. Return the completed application by email, fax, mail, or in person to the address listed at the bottom of the back page.

TYPE OF APPLICATION ☐New Application ☐Address Change ☐Name Change ☐Renewal ☐ Other (Specify)

FILER’S INFORMATION, if being completed by someone other than Applicant (30 KAR 6:010) Name of Filer (first, middle, last) Filer’s Relationship to Applicant

Filer’s Address (number and street, city, state and ZIP code) Filer’s telephone number ( ) - ☐Home ☐Cellular ☐Work ☐Other

APPLICANT INFORMATION (KRS 14.304) This form is being completed by: ☐ Applicant ☐ Parent or guardian on behalf of minor applicant ☐ Guardian of applicant declared incompetent ☐ Designee of an applicant, parent or guardian of a minor, or guardian of a person declared incompetent who cannot apply for him or herself Name of Applicant (first, middle, last) Date of Birth (month/day/year) Social Security Number Gender - - Female ☐or Male☐ Applicant’s Address (number and street, city, state, and ZIP code)

Applicant’s Mailing Address for use by Secretary of State, if different (number and street, city, state, and ZIP code)

Applicant’s telephone number for use by Secretary of State Alternate telephone number for use by Secretary of State ( ) - ( ) - ☐Home ☐Cellular ☐Work ☐Other ☐Home ☐Cellular ☐Work ☐Other

STATEMENT OF QUALIFICATION (KRS 14.304) I am, or the applicant, minor, or incompetent person on whose behalf this application is made is, a victim of an offense specified in KRS 14.300(7) in an ongoing criminal case or in a criminal case that resulted in a conviction by a judge or jury or by a defendant’s guilty plea. OR I have, or the applicant, minor, or incompetent person on whose behalf this application is made has, been granted an emergency protective order or a domestic violence order under KRS Chapter 403 by a court of competent jurisdiction within the Commonwealth of Kentucky, and the order is in effect at the time this application is being made. AND Disclosure of the applicant’s address would endanger the safety of the applicant, the applicant’s children, or the applicant, minor, or incompetent person on whose behalf this application is made.

29 CONDITIONS By signing this application, I acknowledge that:

Participation in the Address Confidentiality Program (ACP) cannot guarantee applicant’s safety, and the ACP does not provide direct counseling services.

If certified, the program participant or a filer shall notify the Office of the Secretary of State of a change of the program participant’s address within seven (7) days of the change of address.

The Secretary of State may cancel certification for failure to notify the Office of the Secretary of State of a name change or a change of address within fourteen (14) days of the date of the change.

The Secretary of State shall cancel certification if the application contains false information.

The Secretary of State shall cancel certification if the program participant is required to register as a sex offender.

Certification as a program participant is effective for two (2) years following the date of filing unless the certification is withdrawn or cancelled before that date.

Falsely attesting that disclosure of applicant’s address would endanger the safety of applicant or the safety of the applicant’s children, or the minor or incompetent person on whose behalf the application is made, or knowingly providing false or incorrect information upon making an application, could result in a finding of guilt of perjury in the second degree under KRS 523.030.

If applicant is certified as a program participant and wants to withdraw from the program, the program participant or a filer must submit to the Secretary of State a Withdrawal from Participation in Address Confidentiality Program form.

The Secretary of State will make applicant’s records available for copying or inspection only if directed by a court order signed by a judge or justice of a court of competent jurisdiction within the Commonwealth of Kentucky OR upon written request by the chief law enforcement officer of a city or county, or the commander of a Department of Kentucky State Police post or branch, if related to an ongoing official investigation.

SIGNATURE OF APPLICANT OR FILER (KRS 14.304) I, the applicant, parent or guardian on behalf of a minor applicant, guardian acting on behalf of a person who is declared incompetent, or designee of an applicant or a parent or guardian of a minor or a guardian of a person declared incompetent who cannot apply for him or herself, swear or affirm, under the penalty of perjury in the second degree, that the information contained in the “Applicant Information” and “Statement of Qualification” portions of this application is true and accurate to the best of my knowledge and belief.

______Printed Name of Applicant or Filer Signature of Applicant or Filer Date

SIGNATURE OF AGENCY REPRESENTATIVE, if applicable (KRS 14.304; 14.310) I am a representative of a referring agency designated pursuant to KRS 14.310 and assisted applicant or filer in preparing this application.

______Printed Name of Representative & Agency Signature of Representative Date

NOTARIZATION (30 KAR 6:010) State of Kentucky County of

The foregoing instrument was acknowledged before me this ___ day of ______, ______, by ______.

______Notary Public Commission Expires: ______

Please return completed application to: Contact Information: For ACP Use only: Address Confidentiality Program SOS.KY.GOV (Website) c/o Secretary of State’s Office (844) 292-KACP (5227) (Toll free) ACP # ______Michelle Starkweather / Program Coord (502) 564-5687 (Fax) 700 Capital Ave / Suite 152 [email protected] Received: ______By: ______Frankfort, KY 40601

30