S4073-2011 Actions

• Feb 29, 2012: referred to election law
• Feb 29, 2012: DELIVERED TO ASSEMBLY
• Feb 29, 2012: PASSED SENATE
• Feb 14, 2012: ADVANCED TO THIRD READING
• Feb 13, 2012: 2ND REPORT CAL.
• Feb 7, 2012: 1ST REPORT CAL.182
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to election law
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1222
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 7, 2011: PRINT NUMBER 4073B
• Jun 7, 2011: AMEND AND RECOMMIT TO CODES
• May 6, 2011: PRINT NUMBER 4073A
• May 6, 2011: AMEND (T) AND RECOMMIT TO CODES
• Mar 16, 2011: REFERRED TO CODES

S4073-2011 Memo

BILL NUMBER:S4073

TITLE OF BILL:
An act
to amend the criminal procedure 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 extra protection against
their attacker by allowing them to have their voter records sealed.
The victim is able to do this by sending a letter to the prosecuting
district attorney prior to sentencing.

SUMMARY OF PROVISIONS:
Section One adds a new section 530.15 to the criminal procedure law
which enables victims of sexual violence, as defined in article one
hundred thirty of the penal law, to write a letter to the prosecuting
district attorney prior to sentencing to request that their voter
registration records be sealed. The victim of sexual violence may
make an application to the court at any time following sentencing.
There is no fee associated with this procedure. This act does not
apply to election officials acting within scope of their employment
and voter registration information can be only be shared when
required to fulfill their duties as an election official. If the
letter is sent to a district attorney other than the district
attorney responsible for prosecuting the defendant of the sexual
assault, the district attorney in receipt of the letter from the
victim must either make the petition or notify the victim that they
cannot make the motion and inform them of the steps they must take to
seal their information.
Section Two is the effective date.

JUSTIFICATION:
Under current law, victims of sexual violence may petition the supreme
court to have their voter records sealed. Many times victims decline
to register to vote out of fear that their attacker will use this
public information to track them down. As a result, they miss out on
exercising their right to vote due to the public nature of these
documents.

This bill makes it less onerous for a sexual violence victim to have
their records sealed by allowing them to send a letter to the
prosecuting district attorney prior to their attacker's sentencing.
Upon receipt of this letter, the district attorney is directed to move
the court on behalf of the victim so that their information will be
kept separate from the records which are available for public
inspection. By removing the requirement that the victim must move the
court themselves, this legislation provides a more streamlined
approach to this procedure and the victim is provided with a greater
degree of anonymity.

LEGISLATIVE HISTORY:
New Bill.


FISCAL IMPLICATIONS:
None Noted.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S4073-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4073
 2011-2012 Regular Sessions
 I N  SENATE
 March 16, 2011
 
 Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law, in relation  to  authorizing
 registration  records  of victims of sexual violence to be kept confi
 dential in certain cases
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 530.15 to read as follows:

 

S  530.15  CONFIDENTIALITY  OF  ELECTION  REGISTRATION  INFORMATION  FOR
 VICTIMS OF SEXUAL VIOLENCE.
 1.  FOR  PURPOSES  OF  THIS  SECTION VICTIM OF SEXUAL VIOLENCE MEANS A
 VICTIM OF ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
 2. (A) AT ANY TIME PRIOR TO THE SENTENCING THE DEFENDANT IN THE UNDER
 LYING CASE, THE VICTIM OF THE SEXUAL ASSAULT MAY WRITE A LETTER  TO  THE
 DISTRICT  ATTORNEY  PROSECUTING  THE  CASE, OR HIS OR HER AGENT, STATING
 THAT THEY WISH TO HAVE THEIR VOTER REGISTRATION INFORMATION SEALED.
 (B) UPON RECEIPT OF SUCH LETTER, THE DISTRICT ATTORNEY SHALL MOVE  THE
 COURT,  AND THE COURT SHALL SO ORDER, THAT THE VOTER REGISTRATION INFOR
 MATION OF THE SEXUAL ASSAULT VICTIM BE  KEPT  SEPARATE  AND  APART  FROM
 OTHER  REGISTRATION RECORDS AND NOT MADE AVAILABLE FOR PUBLIC INSPECTION
 OR COPYING.
 3. AT ANY TIME AFTER THE SENTENCING OF THE DEFENDANT IN THE UNDERLYING
 CASE, THE VICTIM OF THE SEXUAL ASSAULT MAY MAKE AN  APPLICATION  TO  THE
 COURT  HAVING  ORIGINAL  JURISDICTION  OVER  THE CASE TO SEAL HIS OR HER
 VOTER REGISTRATION INFORMATION. UPON RECEIPT OF SUCH AN APPLICATION, THE
 COURT SHALL ISSUE AN ORDER SEALING SUCH INFORMATION  AND  ORDERING  THAT
 THE  VOTER REGISTRATION INFORMATION OF THE SEXUAL ASSAULT VICTIM BE KEPT
 SEPARATE AND APART FROM OTHER REGISTRATION RECORDS AND NOT  MADE  AVAIL
 ABLE FOR PUBLIC INSPECTION OR COPYING.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07831-02-1
 
       S. 4073                             2
 4.  THIS SECTION SHALL NOT APPLY TO AN ELECTION OFFICIAL ACTING WITHIN
 THE SCOPE OF HIS OR HER EMPLOYMENT. SUCH ELECTION OFFICIAL  MAY  INSPECT
 AND/OR COPY SUCH REGISTRATION INFORMATION AND MAY SHARE SUCH INFORMATION
 WITH  OTHER  INDIVIDUALS  ONLY  WHEN  REQUIRED  TO  FULFILL THE FAITHFUL
 DISCHARGE  OF  HIS OR HER DUTIES AS AN ELECTION OFFICIAL.  INTENTIONALLY
 SHARING SUCH INFORMATION WITH AN UNAUTHORIZED INDIVIDUAL IS A  MISDEMEA
 NOR.
 5.  THERE SHALL BE NO FEE FOR MAKING AN APPLICATION PURSUANT TO SUBDI
 VISION THREE OF THIS SECTION.
 6. IF A DISTRICT ATTORNEY RECEIVES A LETTER PURSUANT TO PARAGRAPH  (A)
 OF  SUBDIVISION  TWO  OF  THIS  SECTION  AND HE OR SHE IS NOT THE PERSON
 RESPONSIBLE FOR THE PROSECUTION OF THE DEFENDANT OF THE UNDERLYING SEXU
 AL ASSAULT, OR HE OR SHE RECEIVES THE LETTER  AFTER  THE  DEFENDANT  HAS
 BEEN SENTENCED, THE DISTRICT ATTORNEY SHALL EITHER:

 (A) MAKE THE MOTION TO THE COURT PURSUANT TO PARAGRAPH (B) OF SUBDIVI
 SION TWO OF THIS SECTION; OR
 (B) SEND A REPLY LETTER TO THE VICTIM OF THE SEXUAL ASSAULT EXPLAINING
 THE REASON FOR NOT MAKING A MOTION PURSUANT TO PARAGRAPH (B) OF SUBDIVI
 SION  TWO  OF  THIS  SECTION AND INFORMING SUCH VICTIM OF WHAT STEPS THE
 VICTIM MUST TAKE TO EFFECTIVELY SEAL THEIR VOTER  REGISTRATION  INFORMA
 TION.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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