S T A T E O F N E W Y O R K
________________________________________________________________________
5618
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. ERRIGO, ALFANO, BACALLES, BALL, BARRA, CALHOUN,
CROUCH, FINCH, KOLB, McKEVITT, MOLINARO, SAYWARD, TOBACCO, TOWNSEND,
WALKER -- Multi-Sponsored by -- M. of A. BARCLAY, COLTON, CONTE,
DUPREY, GABRYSZAK, GIGLIO, HAWLEY, MAYERSOHN, QUINN, SPANO, WEISENBERG
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to creating an address
confidentiality program to protect the personal identity and location
of victims of domestic violence
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 577 to
read as follows:
S 577. ADDRESS CONFIDENTIALITY PROGRAM. THERE IS HEREBY ESTABLISHED IN
THE OFFICE AN ADDRESS CONFIDENTIALITY PROGRAM TO BE ADMINISTERED BY THE
SECRETARY OF STATE IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE
OFFICE PURSUANT TO SECTION ONE HUNDRED EIGHT OF THIS CHAPTER.
S 2. The executive law is amended by adding a new section 108 to read
as follows:
S 108. ADDRESS CONFIDENTIALITY PROGRAM. 1. THE SECRETARY OF STATE
SHALL ADMINISTER THE ADDRESS CONFIDENTIALITY PROGRAM ESTABLISHED PURSU-
ANT TO SECTION FIVE HUNDRED SEVENTY-SEVEN OF THIS CHAPTER.
2. A PERSON EIGHTEEN YEARS OF AGE OR OLDER, A PARENT OR GUARDIAN
ACTING ON BEHALF OF A MINOR, OR A GUARDIAN ACTING ON BEHALF OF AN INCA-
PACITATED PERSON MAY SUBMIT AN APPLICATION TO THE SECRETARY OF STATE TO
HAVE AN ADDRESS DESIGNATED BY THE SECRETARY AS THE APPLICANT'S ADDRESS.
THE SECRETARY SHALL APPROVE AN APPLICATION IF IT IS FILED IN THE MANNER
AND ON THE FORM PRESCRIBED BY THE SECRETARY IN CONSULTATION WITH THE
EXECUTIVE DIRECTOR OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE, AND IF IT CONTAINS:
A. A SWORN STATEMENT BY THE APPLICANT THAT THE APPLICANT HAS GOOD
REASON TO BELIEVE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05826-01-9
A. 5618 2
(I) THAT THE APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE AS DEFINED IN
SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW; AND
(II) THAT THE APPLICANT FEARS FURTHER VIOLENT ACTS FROM THE APPLI-
CANT'S ASSAILANT; AND
B. A DESIGNATION OF THE SECRETARY OF STATE AS AGENT FOR THE PURPOSE OF
RECEIVING PROCESS AND FOR THE PURPOSE OF RECEIPT OF MAIL; AND
C. THE MAILING ADDRESS WHERE THE APPLICANT CAN BE CONTACTED BY THE
SECRETARY OF STATE, AND A TELEPHONE NUMBER WHERE THE APPLICANT CAN BE
CALLED; AND
D. THE SIGNATURE OF THE APPLICANT AND ANY PERSON WHO ASSISTED IN THE
PREPARATION OF THE APPLICATION, AND THE DATE.
3. UPON APPROVING A COMPLETED APPLICATION, THE SECRETARY OF STATE
SHALL CERTIFY THE APPLICANT AS A PROGRAM PARTICIPANT. AN APPLICANT SHALL
BE CERTIFIED FOR FOUR YEARS FOLLOWING THE DATE OF FILING UNLESS THE
CERTIFICATION IS WITHDRAWN OR INVALIDATED PRIOR TO THAT DATE. PROGRAM
PARTICIPANTS MAY APPLY TO BE RECERTIFIED EVERY FOUR YEARS.
4. PROGRAM PARTICIPANTS MAY USE THE ADDRESS DESIGNATED BY THE SECRE-
TARY OF STATE AS HIS OR HER EMPLOYMENT ADDRESS AND/OR ADDRESS USED FOR
THE PURPOSE OF APPLICATION FOR OR RECEIPT OF ANY PUBLIC ASSISTANCE BENE-
FITS TO WHICH THE PARTICIPANT MAY BE OR MAY BECOME ENTITLED TO RECEIVE.
5. UPON RECEIPT OF FIRST CLASS MAIL ADDRESSED TO A PROGRAM PARTIC-
IPANT, THE SECRETARY OF STATE OR A DESIGNEE SHALL FORWARD THE MAIL TO
THE ACTUAL ADDRESS OF THE PARTICIPANT. THE SECRETARY MAY ARRANGE TO
RECEIVE AND FORWARD OTHER KINDS AND CLASSES OF MAIL FOR ANY PROGRAM
PARTICIPANT AT THE PARTICIPANT'S EXPENSE. THE ACTUAL ADDRESS OF A
PROGRAM PARTICIPANT SHALL BE AVAILABLE ONLY TO THE SECRETARY OF STATE
AND TO THOSE EMPLOYEES INVOLVED IN THE OPERATION OF THE ADDRESS CONFI-
DENTIALITY PROGRAM AND TO LAW ENFORCEMENT OFFICERS FOR LAW ENFORCEMENT
PURPOSES.
6. THE SECRETARY OF STATE, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR
OF THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE
SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE
PURPOSES OF THIS SECTION.
S 3. This act shall take effect on the one hundred eightieth 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 are authorized and directed to
be made and completed on or before such effective date.