senate Bill S4073B

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Mar / 2011
    • REFERRED TO CODES
  • 06 / May / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 06 / May / 2011
    • PRINT NUMBER 4073A
  • 07 / Jun / 2011
    • AMEND AND RECOMMIT TO CODES
  • 07 / Jun / 2011
    • PRINT NUMBER 4073B
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1222
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO ELECTION LAW
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 07 / Feb / 2012
    • 1ST REPORT CAL.182
  • 13 / Feb / 2012
    • 2ND REPORT CAL.
  • 14 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • PASSED SENATE
  • 29 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 29 / Feb / 2012
    • REFERRED TO ELECTION LAW

Summary

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

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Bill Details

Versions:
S4073
S4073A
S4073B
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง5-508, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S7242B, S7424, S7424B

Sponsor 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.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4073--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

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