Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Krueger, Libous, Sanders
TITLE OF BILL: An act to amend the election law, in relation to authorizing registration records of victims of sexual violence to be kept confidential in certain cases
PURPOSE OR GENERAL IDEA OF BILL: This bill allows victims of sexual violence protection against their attacker by enabling them to have their voter records sealed. The victim is able to do this by petitioning the supreme court for the county where the victim is registered, who may then issue an order requiring confidentiality of the records.
SUMMARY OF PROVISIONS: Section One amends section 5-508 of the election law, adding paragraph (c) to define "victim of sexual violence" as any person who is a victim of any offense under article one hundred thirty of the penal law.
Section Two amends subdivision 3 of section 5-508 of the election law to allow victims of domestic violence to apply to the supreme court in the county where the victim is registered to vote. The court may then issue an order that the victim's registration file be kept separate and not be available for inspection or copying, except by an election official when pertinent and necessary in connection with their official duties. This section also adds a new subdivision 3 to allow the same protection to victims of sexual violence.
Section Three is the effective date.
JUSTIFICATION: Under current law, victims of domestic violence may petition the supreme court to have their voter records sealed. Upon receipt of this application, the court may issue an order that the victim's information will be kept separate from the records which are available for public inspection.
This bill extends that protection to victims of sexual violence to whom anonymity is not currently provided. It is equally important for victims of these heinous crimes to be protected from their attackers, and this legislation closes the gap in the current law to allow sexual violence victims the same protection as victims of domestic violence so that they too can feel secure in registering to vote.
LEGISLATIVE HISTORY: 2012 -- Passed Senate
FISCAL IMPLICATIONS: None noted.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1685 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. ZELDIN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to authorizing registra- tion records of victims of sexual violence to be kept confidential in certain cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 5-508 of the election law is amended by adding a new paragraph (c) to read as follows: (C) "VICTIM OF SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS A VICTIM OF ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW. S 2. Section 5-508 of the election law is amended by adding a new subdivision 3 to read as follows: 3. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A VICTIM OF SEXUAL VIOLENCE IS REGISTERED PURSUANT TO THIS ARTICLE, THE COURT MAY ISSUE AN ORDER REQUIRING THAT ANY REGISTRATION RECORD KEPT OR MAINTAINED IN ACCORDANCE WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDI- VIDUAL BE KEPT SEPARATE AND APART FROM OTHER REGISTRATION RECORDS AND NOT BE MADE AVAILABLE FOR INSPECTION OR COPYING BY THE PUBLIC OR ANY OTHER PERSON, EXCEPT ELECTION OFFICIALS ACTING WITHIN THE COURSE AND SCOPE OF THEIR OFFICIAL DUTIES AND ONLY AS PERTINENT AND NECESSARY IN CONNECTION THEREWITH. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized to be made on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01059-01-3