Assembly Bill A2858

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

                                 2858--A
                                                        Cal. No. 223

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. WEINSTEIN, CLARK, MAGNARELLI, GLICK, LANCMAN,
  ABBATE, GABRYSZAK, EDDINGTON, DESTITO -- Multi-Sponsored by --  M.  of
  A.  ALFANO,  BRODSKY,  CHRISTENSEN,  DINOWITZ,  GALEF,  JAFFEE,  JOHN,
  KAVANAGH, MILLMAN -- read  once  and  referred  to  the  Committee  on
  Governmental  Operations  --  reported  from  committee, advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the order of third reading

AN ACT to amend the executive law, in relation to authorizing the secre-
  tary  of  state  to  accept  service of process and receipt of mail on
  behalf of victims of domestic violence for the purpose of  maintaining
  the confidentiality of the location of such victims

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 108 to
read as follows:
  S 108. SERVICE OF PROCESS AND RECEIPT OF  MAIL;  VICTIMS  OF  DOMESTIC
VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A) "ACTUAL ADDRESS" SHALL MEAN THE RESIDENTIAL STREET ADDRESS, SCHOOL
ADDRESS OR WORK ADDRESS OF A VICTIM OF DOMESTIC VIOLENCE.
  (B) "VICTIM OF DOMESTIC VIOLENCE", FOR PURPOSES OF THIS SECTION, SHALL
MEAN  AN  INDIVIDUAL WHO IS A VICTIM  OF AN ACT WHICH WOULD CONSTITUTE A
FAMILY OFFENSE PURSUANT   TO SUBDIVISION ONE OF  SECTION  EIGHT  HUNDRED
TWELVE OF THE FAMILY COURT ACT.
  2. A VICTIM OF DOMESTIC VIOLENCE MAY MAKE APPLICATION TO THE SECRETARY
OF  STATE  TO HAVE   AN ADDRESS DESIGNATED BY THE DEPARTMENT OF STATE TO
SERVE AS THE ADDRESS OF SUCH VICTIM  IN  LIEU  OF  THE  VICTIM'S  ACTUAL
ADDRESS.  THE  SECRETARY  OF  STATE SHALL ESTABLISH, DISTRIBUTE AND MAKE
AVAILABLE A FORM FOR THE PURPOSE OF MAKING APPLICATIONS PURSUANT TO THIS
SECTION. SUCH FORM SHALL  PROVIDE  NOTICE  TO  THE  VICTIM  OF  DOMESTIC
VIOLENCE  APPLICANT REGARDING THE BASIS FOR TERMINATION OF AGENCY PURSU-
ANT TO THIS SECTION. SUCH FORMS SHALL BE PROVIDED TO THE OFFICE OF COURT

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

                                                           LBD06341-06-9

A. 2858--A                          2

ADMINISTRATION, OFFICE OF CHILDREN AND FAMILY SERVICES, THE  OFFICE  FOR
THE  PREVENTION  OF  DOMESTIC VIOLENCE, THE DEPARTMENT OF MOTOR VEHICLES
AND COUNTY BOARDS OF ELECTIONS FOR THE PURPOSE OF DISTRIBUTION  OF  SUCH
FORMS TO VICTIMS OF DOMESTIC VIOLENCE.
  3.  UPON RECEIPT OF AN APPLICATION, THE SECRETARY OF STATE SHALL GRANT
APPROVAL TO SUCH APPLICATION IF IT INCLUDES:
  (A) A SIGNED WRITTEN STATEMENT SWEARING AND AFFIRMING:
  (I) THAT THE APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE,
  (II) THAT THE APPLICANT HAS BEEN FORCED TO LEAVE  HIS  OR  HER  ACTUAL
ADDRESS BECAUSE OF SUCH VIOLENCE, AND
  (III)  THAT BECAUSE OF THE THREAT OF PHYSICAL HARM TO THE APPLICANT OR
HIS OR HER CHILD OR CHILDREN, SUCH APPLICANT DESIGNATES THE SECRETARY OF
STATE AS HIS OR HER AGENT FOR PURPOSES OF SERVICE OF PROCESS AND RECEIPT
OF MAIL;
  (B) THE ACTUAL ADDRESS WHERE THE VICTIM OF DOMESTIC  VIOLENCE  CAN  BE
CONTACTED  BY  THE SECRETARY OF STATE, AND TELEPHONE NUMBER AT WHICH THE
VICTIM OF DOMESTIC VIOLENCE CAN BE CALLED BY THE SECRETARY OF STATE; AND
  (C) THE ADDRESS OR ADDRESSES THAT  THE  VICTIM  OF  DOMESTIC  VIOLENCE
REQUESTS  NOT BE DISCLOSED FOR THE REASON THAT DISCLOSURE WOULD INCREASE
THE RISK OF DOMESTIC VIOLENCE.
  4. UPON APPROVAL OF AN APPLICATION SUBMITTED PURSUANT TO THIS SECTION,
THE SECRETARY OF STATE SHALL SERVE AS  THE  APPLICANT'S  AGENT  FOR  THE
SERVICE  OF  PROCESS AND RECEIPT OF MAIL FOR A PERIOD OF FOUR YEARS FROM
THE DATE SUCH APPLICATION IS APPROVED, UNLESS THE APPLICATION  IS  WITH-
DRAWN  OR  INVALIDATED  PRIOR  TO THE EXPIRATION OF SUCH PERIOD OF TIME.
THE SECRETARY OF STATE SHALL PROMULGATE RULES AND  REGULATIONS  FOR  THE
RENEWAL OF APPLICATIONS PURSUANT TO THIS SECTION.
  5. SERVICE UPON THE SECRETARY OF STATE OF ANY PROCESS OR MAIL SHALL BE
MADE  TO  AN ADDRESS DESIGNATED BY THE DEPARTMENT OF STATE FOR THE INDI-
VIDUAL VICTIM OF DOMESTIC VIOLENCE. UPON RECEIPT  BY  THE  SECRETARY  OF
STATE  OF  A  PROCESS  OR  MAIL  FOR  A VICTIM OF DOMESTIC VIOLENCE, THE
DEPARTMENT OF STATE SHALL IMMEDIATELY FORWARD SUCH PROCESS  OR  MAIL  TO
THE VICTIM OF DOMESTIC VIOLENCE  AT HIS OR HER ACTUAL ADDRESS, AND SHALL
RECORD THE DATE OF SUCH FORWARDING. THE SECRETARY OF STATE OR ANY MEMBER
OF  THE DEPARTMENT OF STATE WHO REASONABLY AND IN GOOD FAITH HANDLES ANY
PROCESS OR MAIL ON BEHALF OF A VICTIM OF DOMESTIC VIOLENCE IN ACCORDANCE
WITH THIS SECTION SHALL BE IMMUNE FROM ANY CIVIL LIABILITY  WHICH  MIGHT
OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
  6.  THE  DEPARTMENT  OF STATE SHALL TERMINATE THE SECRETARY OF STATE'S
AGENCY ON BEHALF OF A VICTIM OF DOMESTIC VIOLENCE:
  (A) IF THE VICTIM OF DOMESTIC VIOLENCE OBTAINS A NAME CHANGE;
  (B) IF PROCESS OR MAIL IS RETURNED TO THE DEPARTMENT OF STATE AS UNDE-
LIVERABLE TO THE ACTUAL ADDRESS OF A VICTIM OF DOMESTIC VIOLENCE;
  (C) IF THE VICTIM OF DOMESTIC  VIOLENCE  CHANGES  HIS  OR  HER  ACTUAL
ADDRESS,  WITHOUT  PROVIDING THE DEPARTMENT OF STATE WITH WRITTEN NOTICE
OF SUCH ADDRESS CHANGE NOT LESS THAN SEVEN DAYS PRIOR THERETO; OR
  (D) IF THE VICTIM OF DOMESTIC VIOLENCE PROVIDED FALSE  INFORMATION  IN
HIS OR HER APPLICATION.
  7.  ALL RECORDS AND DOCUMENTS HELD BY THE DEPARTMENT OF STATE PURSUANT
TO THIS SECTION ARE CONFIDENTIAL, UNLESS A COURT ORDER  DIRECTS  DISCLO-
SURE  FOR  THE  PURPOSES OF A CRIMINAL OR CIVIL PROCEEDING.  THE RECORDS
AND DOCUMENTS ON EACH VICTIM OF DOMESTIC VIOLENCE SHALL BE  RETAINED  BY
SUCH  DEPARTMENT FOR THREE YEARS AFTER THE EXPIRATION OF THE APPROVAL OF
AN APPLICATION AND ANY RENEWAL THEREOF, AND THEREAFTER DESTROYED.
  8. THE SECRETARY OF STATE SHALL PROMULGATE ANY AND ALL RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

A. 2858--A                          3

  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the secretary of state is authorized and directed to promulgate all
rules, regulations and forms necessary to implement  the  provisions  of
this act, on its effective date, on or before such date.