Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
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: This legislation authorizes victims of sexual violence to petition the courts to have their election records kept confidential.
SUMMARY OF PROVISIONS: Section 1 states that victims of sexual violence as defined as victims of crimes perpetrated under article 130 of the penal law.
This section also allows the court to issue an order requiring that any registration record kept with regard to a victim of sexual violence be kept separate and apart from other registration records.
Section 2 is the effective date.
JUSTIFICATION: Under current state law, local boards of election must provide the address of any registered voter, as long as the request is in writing and the applicable law is cited. Victims of sexual violence who wish to keep their new addresses out of the hands of their attackers simply do not register to vote because of the availability of their registration information to others. Keeping these records separate and apart from other registration records would afford victims of sexual assault the security they deserve.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: This act shall take on the 60th day.
STATE OF NEW YORK ________________________________________________________________________ 7424--B Cal. No. 641 IN SENATE April 8, 2010 ___________Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report 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. The election law is amended by adding a new section 5-510 to read as follows: S 5-510. CONFIDENTIALITY OF REGISTRATION RECORDS 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. 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 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16817-04-0