(a) The secretary of state shall establish a crime victim address confidentiality program, which must be open to applicants who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense, as well as co-applicants, the children of an applicant or co-applicant living at the same address as the applicant or co-applicant, and persons with disabilities for whom an applicant or co-applicant serves as a fiduciary and are living at the same address as the applicant or co-applicant if those persons satisfy the requirements of this part, at no cost to the program participant.
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Terms Used In Tennessee Code 40-38-602

  • Applicant: means the person who applies to be a program participant and who is or has been a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense. See Tennessee Code 40-38-601
  • Application: means the form or forms submitted, in the manner prescribed by the secretary of state, by an individual requesting certification for the address confidentiality program. See Tennessee Code 40-38-601
  • Co-applicant: means the spouse, parent, or fiduciary of the applicant who lives in the same residence as the applicant at the time the application is made and who resides in the same residence with the applicant while the applicant is a program participant. See Tennessee Code 40-38-601
  • Confidential address: means the actual 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 this part. See Tennessee Code 40-38-601
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • 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. See Tennessee Code 40-38-601
  • participant: means a person who is certified by the secretary of state as a program participant and who is an applicant, co-applicant, the child of an applicant or co-applicant, or a person with a disability for whom an applicant or co-applicant serves as a fiduciary. See Tennessee Code 40-38-601
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • program: means the program created under this part to protect the confidentiality of the confidential address of a relocated victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense. See Tennessee Code 40-38-601
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • secretary: means the secretary of state of Tennessee and any designee of the secretary. See Tennessee Code 40-38-601
  • Sexual offense: means a sexual offense or violent sexual offense as defined in §. See Tennessee Code 40-38-601
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Substitute address: means an address designated by the secretary of state under the address confidentiality program that is used instead of a confidential address as set forth by this part. See Tennessee Code 40-38-601
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) This program shall provide the participant with the use of a substitute address for the participant and shall not disclose the participant’s name, confidential address, phone number, or any other information contained within the program participant’s file except as otherwise provided by this part.
(c) Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. Wherever a program participant is required by law to establish residency, the participant may present evidence of program participation and use the participant’s substitute address. Where residency must be verified in order to establish eligibility for public benefits, the governmental entity requiring verification shall submit a written request to the secretary of state, on a form prescribed by the secretary of state, whereby the secretary of state shall provide the governmental entity with a statement as to whether the program participant is eligible for benefits, based on the information known to the secretary of state.
(d) The substitute address shall not be used:

(1) For purposes of listing, appraising, or assessing property taxes and collecting property taxes; or
(2) On any document related to real property recorded with a county clerk and recorder.
(e) Notwithstanding any other applicable law, the substitute address may be used for motor vehicle records and may be printed on a person‘s driver or photo identification license.
(f) Except as otherwise provided in this part, a program participant’s confidential address, and any other information contained within a program participant’s file, maintained by a state or local government agency, or disclosed by the secretary of state under this part, is not a public record. This subsection (f) shall not apply:

(1) To any public record created more than thirty (30) days prior to the date that the program participant applied to be certified in the program; or
(2) If a program participant voluntarily requests that a state or local government agency use the participant’s confidential address or voluntarily gives the confidential address to the state or local government agency, except voter registration records and absentee ballot requests shall be confidential for purposes of this part.
(g) For any public record created within thirty (30) days prior to the date that a program participant applied to be certified in the program, a state or local governmental agency shall redact the confidential address from a public record or change the confidential address to the substitute address in the public record, if a program participant presents evidence of program certification and requests the agency that maintains the public record to use the substitute address instead of the confidential address on the public record.
(h) Except as provided in this part, where a program participant has provided evidence of program participation to a governmental entity, any record that includes a program participant’s confidential address pursuant to this part shall be confidential and not available for inspection by anyone other than the program participant.
(i) Notwithstanding any other applicable law, documentation concerning any tool of designation or identification or internal processes implemented by a governmental entity in documenting program participation within the governmental entity’s records shall be confidential and not available for inspection.
(j) An application or voter registration form completed under this part, along with any supporting materials, is not a public record that is subject to inspection and shall be kept confidential.
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