Senate Bill S3234

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

                                  3234

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN, BONACIC, SALAND, SKELOS, VOLKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections

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.
                                                           LBD05508-02-9
              

S. 3234                             2

  (V)  UNRELATED  PERSONS  WHO  ARE  CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY  OR  AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD; OR
  (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.