S1685-2013 Actions

• Apr 29, 2013: referred to election law
• Apr 29, 2013: DELIVERED TO ASSEMBLY
• Apr 29, 2013: PASSED SENATE
• Apr 24, 2013: ADVANCED TO THIRD READING
• Apr 23, 2013: 2ND REPORT CAL.
• Apr 22, 2013: 1ST REPORT CAL.365
• Jan 9, 2013: REFERRED TO ELECTIONS

S1685-2013 Meetings

S1685-2013 Calendars

S1685-2013 Votes

S1685-2013 Memo

BILL NUMBER:S1685

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.

S1685-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1685
 2013-2014 Regular Sessions
 I N  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

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