Assembly Bill A7016

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

                                  7016

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON  --  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 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 OVER THE AGE OF
SIXTEEN, ANY MARRIED PERSON, OR ANY PARENT ACCOMPANIED  BY  HIS  OR  HER
MINOR  CHILD  OR  CHILDREN  IN  SITUATIONS  IN WHICH SUCH PERSON OR SUCH
PERSON'S CHILD IS A VICTIM OF AN ACT WHICH WOULD CONSTITUTE A  VIOLATION
OF  THE  PENAL  LAW,  INCLUDING,  BUT  NOT LIMITED TO, ACTS CONSTITUTING
DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS ENDANGERMENT, KIDNAP-
PING, ASSAULT, ATTEMPTED ASSAULT, OR ATTEMPTED MURDER; 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 OR
NOT THEY STILL RESIDE IN THE SAME HOUSEHOLD;
  (IV)  PERSONS  WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER OR NOT
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.
                                                           LBD05508-03-9

              

A. 7016                             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".
  (VI) ANY OTHER CATEGORY OF INDIVIDUALS DEEMED TO BE A VICTIM OF DOMES-
TIC VIOLENCE AS  DEFINED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
IN REGULATION.
  2.  UPON  APPLICATION  MADE TO A COUNTY COURT, IN THE COUNTY WHEREIN A
VICTIM OF DOMESTIC VIOLENCE IS REGISTERED PURSUANT TO THIS  ARTICLE,  OR
THE SUPREME COURT, IN THE CITY OF NEW YORK, THE COURT MAY ISSUE AN ORDER
REQUIRING  THAT ANY REGISTRATION RECORD KEPT OR MAINTAINED IN ACCORDANCE
WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDIVIDUAL  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.