Assembly Bill A9368

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

                                 9368--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GABRYSZAK, HYER-SPENCER -- Multi-Sponsored by --
  M. of A.  PHEFFER, SKARTADOS, WEISENBERG -- read once and referred  to
  the  Committee  on Election Law -- 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 domestic 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 5-508
to read as follows:
  S 5-508. CONFIDENTIALITY OF REGISTRATION RECORDS IN CERTAIN CASES.  1.
FOR PURPOSES OF THIS SECTION:
  (A)  "VICTIM OF DOMESTIC VIOLENCE" MEANS ANY PERSON WHO IS A VICTIM OF
A VIOLENT FELONY, AS DEFINED IN SECTION  70.02  OF  THE  PENAL  LAW,  OR
DISORDERLY  CONDUCT,  HARASSMENT  IN THE FIRST DEGREE, HARASSMENT IN THE
SECOND DEGREE, AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE,  AGGRAVATED
HARASSMENT  IN THE THIRD DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL
MISCHIEF, MENACING IN THE SECOND DEGREE, MENACING IN THE  THIRD  DEGREE,
RECKLESS  ENDANGERMENT,  ASSAULT  IN  THE  THIRD  DEGREE OR AN ATTEMPTED
ASSAULT; AND
  (I) SUCH ACT OR ACTS HAVE RESULTED IN  ACTUAL  PHYSICAL  OR  EMOTIONAL
INJURY  OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM
TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
  (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED  BY  A
FAMILY OR HOUSEHOLD MEMBER.
  (B) "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
  (I) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (II) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (III)  PERSONS  FORMERLY  MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER
THEY STILL RESIDE IN THE SAME HOUSEHOLD;
  (IV) PERSONS WHO HAVE A CHILD IN COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05508-04-0

A. 9368--A                          2

  (V)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
PERSONS  HAVE LIVED TOGETHER AT ANY TIME. FACTORS THE COURT MAY CONSIDER
IN DETERMINING WHETHER A  RELATIONSHIP  IS  AN  "INTIMATE  RELATIONSHIP"
INCLUDE  BUT  ARE  NOT  LIMITED  TO: THE NATURE OR TYPE OF RELATIONSHIP,
REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION  BETWEEN
TWO  INDIVIDUALS  IN  BUSINESS  OR  SOCIAL  CONTEXTS  SHALL BE DEEMED TO
CONSTITUTE AN "INTIMATE RELATIONSHIP".
  2. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
VICTIM OF DOMESTIC 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 immediately.