On January 1, 2019, a new Maryland statute went into effect that would increase more protection for domestic violence and human trafficking victims who are participants in the Maryland Address Confidentiality Program (“ACP”).[1]Under this new statute, private entities and any persons must accept the use of substitute addresses by the participants and it prohibits any person from knowingly and intentionally seeking and obtaining the actual address or telephone number of participants.[2]

In 2006, the legislatures created the ACP in hopes of shielding victims of domestic violence and human trafficking from being found by their assailants.[3] The ACP provides free substitute addresses for participants to use, and allows the Secretary of State to accept service and mail on behalf of the participants.[4] Additionally, the ACP have implemented protections against the release of records by the Motor Vehicle Administration, Voter Registry, and school registration processes.[5]  However, the 2019 statute was enacted to create more protection to the participants after the Secretary of State released a report in December of 2017 that highlighted the flaws of the ACP.[6]

The report found that the actual locations of the participants would be exposed if they were to purchase any property since land records were open to public.[7]  Furthermore, private entities had the right to reject substitute addresses or refuse services to participants who did not disclose their actual addresses.[8]In order to remedy these flaws, the new statute protects participant’s land records by allowing the Secretary of State to only release those records if requests are bona fide.[9]  Furthermore, the new statute requires private entities or any persons to accept the substitute addresses as actual addresses.[10] This includes credit card companies, insurance companies, banks, and school entities.  This new measure of protection allows participants to purchase real property, seek private loans, and expands their rights to protect their information.

The ACP is a nation-wide program that is provided by individual states. Currently, there are 36 states that have implemented the ACP in varying degrees to protect individuals that have been categorized as victims of domestic violence, human trafficking, victims of stalking, etc.[11]Practitioners, private entities authorized to do business in Maryland and residents of Maryland should be aware of the ACP and the rights of these participants. Moreover, requests to locate or deliver items to participants of ACP must be addressed to the Secretary of State.[12]These requests will be examined thoroughly and any individual attempts to locate or discover personal information of a participant are not allowed under the new statute.[13]Lastly, individuals that are victims of domestic violence or human trafficking should understand that the ACP is a free government program they can apply for directly or through domestic violence assistance groups.[14]

Klara Kim is a 3L at the University of Baltimore and will graduate in May of 2019.  She is the President of the Asian Pacific American Law Student Association and the President of the International Law Society. She is also the Community Service Director for the Student Bar Association. For the 2018-2019 academic year, she is a student attorney for the University of Baltimore Tax Clinic and plans to pursue a career in tax law.

She can be reached at klara.kim@ubalt.edu.

[1]S.B. 578, 438^thGen. Assem., Reg. Sess. (Md. 2018); MD. CODE ANN., FAM. LAW §§ 4-519 et seq.

[2]S.B. 578, 438^thGen. Assem., Reg. Sess. (Md. 2018).

[3]S.B. 025, 422^ndGen. Assem., Reg. Sess. (Md. 2006).

[4]MD. CODE ANN., FAM. LAW §§ 4-519 et seq., Maryland Secretary of State, Safe at Home, https://sos.maryland.gov/ACP/Pages/default.aspx.

[5]Id.

[6]Maryland Secretary of State, The Final Report for the Task Force to Study Recording Deeds for Victims of Domestic Violence(2017), https://sos.maryland.gov/ACP/Documents/Final-Report-of-the-Task-Force-to-Study-Recording-Deeds-MSAR-10944.pdf.

[7]Id.

[8]New laws take effect in D.C., Maryland and Virginia, Washington Post, (accessed on Jan. 17, 2019), https://www.fredericknewspost.com/terms/source/washington_post/new-laws-take-effect-in-d-c-maryland-and-virginia/article_82955a2d-f3e4-553e-93ca-0b5ff00094c9.html.

[9]MD. CODE ANN., REAL PROP. LAW §§ 3-114 et seq.

[10]S.B. 578, 438^thGen. Assem., Reg. Sess. (Md. 2018).

[11]The National Center for Victims of Crime, Address Confidentiality Programs; http://victimsofcrime.org/our-programs/stalking-resource-center/help-for-victims/address-confidentiality-programs.

[12]Maryland Secretary of State, Safe at Home, https://sos.maryland.gov/ACP/Pages/default.aspx.

[13]S.B. 578, 438^thGen. Assem., Reg. Sess. (Md. 2018).

[14]Maryland Secretary of State, Safe at Home, https://sos.maryland.gov/ACP/Pages/default.aspx.