As Introduced

136th General Assembly

Regular Session H. B. No. 396

2025-2026

To amend sections 111.41, 111.42, and 111.99 of the Revised Code to expand the Address Confidentiality Program.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 111.41, 111.42, and 111.99 of the Revised Code be amended to read as follows:

Sec. 111.41. As used in sections 111.41 to 111.99 of the Revised Code:

(A) "Application assistant" means an employee or volunteer at an agency or organization that serves victims or household members of victims of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery, crimes that cause serious physical harm or death, or crimes in which the victim is threatened with a deadly weapon who has received training and certification from the secretary of state to help individuals complete applications to be program participants.

(B) "Confidential address" means the address of a program participant's residence, school, institution of higher education, business, or place of employment, as specified on an application to be a program participant or on a notice of change of address filed under section 111.42 of the Revised Code. A confidential address is not a public record under section 149.43 of the Revised Code, and shall be kept confidential.

(C) "Governmental entity" means the state, a political subdivision of the state, or any department, agency, board, commission, or other instrumentality of the state or a political subdivision of the state.

(D) "Guardian," "incompetent," "parent," and "ward" have the same meanings as in section 2111.01 of the Revised Code.

(E) "Human trafficking" has the same meaning as in section 2929.01 of the Revised Code.

(F) "Process" means judicial process and all orders, demands, notices, or other papers required or permitted by law to be served on a program participant.

(G) "Program participant" means a person who is certified by the secretary of state as a program participant under section 111.42 of the Revised Code.

(H) "Tier I sex offender/child-victim offender," "tier II sex offender/child-victim offender," and "tier III sex offender/child-victim offender" have the same meanings as in section 2950.01 of the Revised Code.

Sec. 111.42. (A) A person to whom all of the following applies may apply to the secretary of state with the assistance of an application assistant to become a participant in the address confidentiality program, in which an address designated by the secretary of state serves as the person's address or the address of the minor, incompetent, or ward on whose behalf the person is applying:

(1) The applicant is an adult who is applying on behalf of the person's self or is a parent or guardian applying on behalf of a minor, incompetent, or ward.

(2) The applicant or the minor, incompetent, or ward, as applicable, resides, works, or attends a school or an institution of higher education in this state.

(3) The applicant fears for the safety of the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery, a crime that caused serious physical harm or death to the victim, or a crime in which the victim was threatened with a deadly weapon.

(4) The applicant or the minor, incompetent, or ward, as applicable, is not a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender.

(B) An application to become a participant in the address confidentiality program shall be made on a form prescribed by the secretary of state and filed in the office of the secretary of state in the manner prescribed by the secretary of state. The application shall contain all of the following:

(1) A notarized statement by the applicant that the applicant fears for the safety of the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery, a crime that caused serious physical harm or death to the victim, or a crime in which the victim was threatened with a deadly weapon;

(2) A statement that the application assistant recommends that the applicant or the minor, incompetent, or ward, as applicable, participate in the address confidentiality program;

(3) A knowing and voluntary designation of the secretary of state as the agent for the purposes of receiving service of process and the receipt of mail;

(4) The mailing address and telephone number or numbers at which the secretary of state may contact the applicant;

(5) The address or addresses of the applicant's residence, school, institution of higher education, business, or place of employment that the applicant requests not be disclosed for the reason that disclosure will increase the risk that the applicant, a member of the applicant's household, or the minor, incompetent, or ward on whose behalf the application is made will be threatened or physically harmed by another person;

(6) The signature of the applicant, the name and signature of the application assistant who assisted the applicant, and the date on which the applicant and the application assistant signed the application;

(7) Except for a claim based on the performance or nonperformance of a public duty that was manifestly outside the scope of the officer's or employee's office or employment or in which the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner, a voluntary release and waiver of all future claims against the state for any claim that may arise from participation in the address confidentiality program.

(C) Upon receiving a properly completed application under division (B) of this section, the secretary of state shall, within ten business days, do all of the following:

(1) Certify the applicant or the minor, incompetent, or ward on whose behalf the application is filed as a program participant;

(2) Designate each eligible address listed in the application as a confidential address;

(3) Issue the program participant a unique program participant identification number;

(4) Issue the program participant an address confidentiality program authorization card, which shall be valid during the period that the program participant remains certified to participate in the address confidentiality program, and which shall include the address at which the program participant may receive mail through the office of the secretary of state;

(5) Provide information to the program participant concerning all of the following:

(a) The manner in which the program participant may use the secretary of state as the program participant's agent for the purposes of receiving mail and receiving service of process and the types of mail that the secretary of state will forward to the program participant;

(b) The process to register to vote and to vote as a program participant, if the program participant is eligible to vote;

(c) The process to file a real property confidentiality notice with the county recorder concerning any real property in which the program participant acquires an ownership interest after being certified a program participant and after ~~the effective date of this amendment~~ April 29, 2022;

(d) The process to authorize the secretary of state to disclose confidential information concerning the program participant under certain circumstances, as described in division (E) of section 111.43 of the Revised Code.

(D) A program participant shall update the person's application information, within thirty days after any change has occurred, by submitting a notice of change to the office of the secretary of state on a form prescribed by the secretary of state. The secretary of state may, with proper notice, cancel a program participant's certification if the participant is found to be unreachable for a period of sixty days or more.

(E) The certification of a program participant shall be valid for four years after the date of the filing of the application for the program participant unless the certification is withdrawn or invalidated before the end of that four-year period.

(F)(1) A program participant who continues to be eligible to participate in the address confidentiality program may renew the program participant's certification by submitting a renewal application to the secretary of state with the assistance of an application assistant. The renewal application shall be on a form prescribed by the secretary of state and shall contain all of the information described in division (B) of this section.

(2) The secretary of state may prescribe by rule a grace period during which a program participant whose certification has expired may renew the program participant's certification without being considered to have ceased being a program participant during that period.

(3) When a program participant renews the program participant's certification, the program participant shall continue to use the program participant's original program participant identification number.

(G) A tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender is not eligible to participate in the address confidentiality program described in sections 111.41 to 111.99 of the Revised Code.

Sec. 111.99. (A) No person who submits an application under section 111.42 of the Revised Code shall knowingly make a false attestation in the application that the applicant fears for the applicant's safety, the safety of a member of the applicant's household, or the safety of the minor, incompetent, or ward on whose behalf the application is made because the applicant, household member, minor, incompetent, or ward is a victim of domestic violence, menacing by stalking, human trafficking, trafficking in persons, rape, or sexual battery, a crime that caused serious physical harm or death to the victim, or a crime in which the victim was threatened with a deadly weapon.

(B)(1) As used in division (B) of this section:

(a) "Public official" means any officer, employee, or duly authorized representative or agent of a public office.

(b) "Public office" means any state agency, public institution, political subdivision, other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.

(2) No public official who has access to a confidential address or telephone number or to information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code because of the person's status as a public official shall knowingly disclose that confidential information to any person, except as required or permitted by law.

(C) No person who obtains a confidential address or telephone number from the Ohio law enforcement gateway shall knowingly disclose that confidential address or telephone number to any person, except as is necessary for a law enforcement purpose when related to the performance of official duties, or for another legitimate governmental purpose.

(D) No person who obtains a confidential address or telephone number from the secretary of state under division (E) of section 111.43 of the Revised Code shall knowingly disclose that information to any person, except for the purpose for which the disclosure was authorized under that division.

(E) No person who obtains information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code for the purpose of conducting a title examination under division (E) of that section shall knowingly disclose that confidential information to any person, except for the purpose identified in the application submitted under that division.

(F) Whoever violates this section is guilty of a misdemeanor of the first degree.

Section 2. That existing sections 111.41, 111.42, and 111.99 of the Revised Code are hereby repealed.