Assembly Bill A11014

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

                                  11014

                          I N  A S S E M B L Y

                              May 10, 2010
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Election Law

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  AN  INDIVIDUAL  AGAINST WHOM ANY OF THE FOLLOWING SEXUAL OFFENSES
HAS BEEN COMMITTED:
  (A) SEXUAL MISCONDUCT, AS DEFINED IN SECTION 130.20 OF THE PENAL LAW;
  (B) RAPE IN THE THIRD DEGREE, AS DEFINED  IN  SECTION  130.25  OF  THE
PENAL LAW;
  (C)  RAPE  IN  THE  SECOND DEGREE, AS DEFINED IN SECTION 130.30 OF THE
PENAL LAW;
  (D) RAPE IN THE FIRST DEGREE, AS DEFINED  IN  SECTION  130.35  OF  THE
PENAL LAW;
  (E)  CRIMINAL  SEXUAL  ACT  IN THE THIRD DEGREE, AS DEFINED IN SECTION
130.40 OF THE PENAL LAW;
  (F) CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, AS  DEFINED  IN  SECTION
130.45 OF THE PENAL LAW;
  (G)  CRIMINAL  SEXUAL  ACT  IN THE FIRST DEGREE, AS DEFINED IN SECTION
130.50 OF THE PENAL LAW;
  (H) FORCIBLE TOUCHING, AS DEFINED IN SECTION 130.52 OF THE PENAL LAW;
  (I) PERSISTENT SEXUAL ABUSE, AS DEFINED IN SECTION 130.53 OF THE PENAL
LAW;
  (J) SEXUAL ABUSE IN THE THIRD DEGREE, AS DEFINED IN SECTION 130.55  OF
THE PENAL LAW;
  (K) SEXUAL ABUSE IN THE SECOND DEGREE, AS DEFINED IN SECTION 130.60 OF
THE PENAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16817-03-0
              

A. 11014                            2

  (L)  SEXUAL ABUSE IN THE FIRST DEGREE, AS DEFINED IN SECTION 130.65 OF
THE PENAL LAW;
  (M)  AGGRAVATED  SEXUAL  ABUSE  IN  THE  FOURTH  DEGREE, AS DEFINED IN
SECTION 130.65-A OF THE PENAL LAW;
  (N) AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE, AS DEFINED IN SECTION
130.66 OF THE PENAL LAW;
  (O) AGGRAVATED SEXUAL ABUSE  IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTION 130.67 OF THE PENAL LAW;
  (P) AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, AS DEFINED IN SECTION
130.70 OF THE PENAL LAW;
  (Q)  FEMALE  GENITAL  MUTILATION,  AS DEFINED IN SECTION 130.85 OF THE
PENAL LAW;
  (R) FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE, AS DEFINED
IN SECTION 130.90 OF THE PENAL LAW;
  (S) SEXUALLY MOTIVATED FELONY, AS DEFINED IN  SECTION  130.91  OF  THE
PENAL LAW;
  (T)  PREDATORY  SEXUAL  ASSAULT,  AS  DEFINED IN SECTION 130.95 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.