S4073B-2011 - NY Senate Open Legislation - Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases

Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.

Sponsor: ZELDIN / Co-sponsor(s): CARLUCCI, SAVINO / Committee: ELECTION LAW
Law Section: Election Law / Law: Amd S5-508, El L

S4073B-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

S4073B-2011 Meetings

Codes: Feb 7, 2012, Rules: Jun 17, 2011

S4073B-2011 Calendars

Active List: Feb 29, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Jun 14, 2011

S4073B-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011

Ayes (22): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Stewart-Cousins
Ayes W/R (2): Duane, Smith

VOTE: FLOOR VOTE: - Jun 14, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Codes - Feb 7, 2012

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

VOTE: FLOOR VOTE: - Feb 29, 2012

Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Adams, Oppenheimer

S4073B-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.

S4073B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4073--B
 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  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to  said  committee  --  committee  discharged,  bill amended, ordered
 reprinted as amended and recommitted to said committee
 

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.
 LBD07831-12-1

S4073B-2011: Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases