Kentucky HB 442: AN ACT relating to privacy for attorneys involved in criminal actions.

Bill Text

UNOFFICIAL COPY 26 RS HB 442/GA
Page 1 of 10
HB044210.100 - 1826 - XXXX 3/17/2026 4:10 PM GA
AN ACT relating to privacy for attorneys involved in criminal actions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 14.302 is amended to read as follows: 3
(1) The Safe at Home Program is hereby established within the Office of the Secretary 4
of State. 5
(2) The Safe at Home Program shall be operated with the intent to protect: 6
(a) Victims of: 7
1.[(a)] Domestic violence; 8
2.[(b)] Human trafficking; 9
3.[(c)] Stalking; 10
4.[(d)] Sexual assault; 11
5.[(e)] Rape; and 12
6.[(f)] Other sexual crimes as defined by KRS 17.500; 13
(b) Commonwealth's attorneys or assistant Commonwealth's attorneys; 14
(c) County attorneys or assistant county attorneys; 15
(d) Attorneys with the Office of the Attorney General; 16
(e) Attorneys employed by: 17
1. The Department of Public Advocacy; 18
2. The Offices of the United States Attorneys; and 19
3. Western Kentucky Federal Community Defender, Inc.; and 20
(f) Attorneys appointed to a panel to represent indigent clients under the 21
Criminal Justice Act, 18 U.S.C. sec. 3006A. 22
(3) The Safe at Home Program shall authorize the use of designated addresses for 23
victims, their minor children, and all other individuals residing with the victim. 24
(4) The Safe at Home Program shall be open to victims of a specified offense who are 25
United States citizens and residents of Kentucky, without any cost to the program 26
participant. 27

UNOFFICIAL COPY 26 RS HB 442/GA
Page 2 of 10
HB044210.100 - 1826 - XXXX 3/17/2026 4:10 PM GA
(5) The Secretary of State shall require that each person employed in the Office of the 1
Secretary of State directly responsible for the administration of the Safe at Home 2
Program submit his or her fingerprints to the Department of State. The Department 3
of State shall exchange fingerprint data with the Kentucky State Police and the 4
Federal Bureau of Investigation in order to conduct a criminal history background 5
check of each employee directly responsible for the administration of the program. 6
Section 2. KRS 14.304 is amended to read as follows: 7
(1) Upon the creation of the Safe at Home Program, the following individuals may 8
apply to the Secretary of State to have an address designated as his or her mailing 9
address in place of his or her residential address: 10
(a) An adult victim; 11
(b) A parent or guardian acting on behalf of a minor when the minor resides with 12
him or her; 13
(c) A guardian acting on behalf of an incapacitated individual who is a victim of a 14
specified offense;[ and] 15
(d) Any individuals residing with the victim; and 16
(e) Anyone identified in subsection (2)(b) to (f) of Section 1 of this Act. 17
(2) The Secretary of State shall approve an application if it is filed in the manner and 18
on the form prescribed by the Secretary of State and if it contains: 19
(a) 1. For victims, a sworn statement, under penalty of perjury, by the 20
applicant that: 21
a.[1.] The applicant is a victim of a specified offense or resides in the 22
same household as a victim of a specified offense; 23
b.[2]. The applicant fears for his or her own safety or the safety of 24
another person who resides in the same household; and 25
c.[3.] The applicant is not applying for certification as a program 26
participant in order to avoid prosecution for a crime; or 27

UNOFFICIAL COPY 26 RS HB 442/GA
Page 3 of 10
HB044210.100 - 1826 - XXXX 3/17/2026 4:10 PM GA
2. For anyone identified in subsection (2)(b) to (f) of Section 1 of this 1
Act, a sworn statement, under penalty of perjury, by the applicant that: 2
a. He or she is qualified to request to participate in the program 3
under Section 1 of this Act; and 4
b. He or she desires to be a part of the program; 5
(b) The mailing address and the phone number or numbers where the applicant 6
can be contacted by the Secretary of State or the Secretary of State's designee; 7
(c) The new address or addresses that the applicant requests not be disclosed for 8
the reason that disclosure will increase the risk of a specified offense, 9
jeopardize the applicant's safety, or increase the risk of violence to the 10
applicant or members of the applicant's household; 11
(d) The date the application was prepared, the applicant's signature, and, if 12
applicable, the signature of the application assistant who assisted the applicant 13
in applying to be a program participant; and 14
(e) A designation of the Secretary of State as agent for purposes of service of 15
process and for receipt of first class mail, legal documents, and certified mail. 16
(3) Applications shall be filed with the Office of the Secretary of State. Applicants may 17
choose to consult with an application assistant for assistance with the application 18
process or apply online directly through the portal designated by the Secretary of 19
State. 20
(4) Upon the filing of a properly completed application