Bill S4073B-2011

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.

Details

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

Meetings

Calendars

Votes

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

Memo

BILL NUMBER:S4073B

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 2 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: New Bill.

FISCAL IMPLICATIONS: None noted.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 4073--B 2011-2012 Regular Sessions IN 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.

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