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

                                 7424--A

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  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 sexual 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  5-510
to read as follows:
  S 5-510. CONFIDENTIALITY OF REGISTRATION RECORDS FOR VICTIMS OF SEXUAL
VIOLENCE.  1.  FOR  PURPOSES  OF  THIS SECTION VICTIM OF SEXUAL VIOLENCE
MEANS AN INDIVIDUAL AGAINST WHOM ANY OF THE  FOLLOWING  SEXUAL  OFFENSES
HAS BEEN COMMITTED:
  (A) SEXUAL MISCONDUCT, AS DEFINED IN SECTION 130.20 OF THE PENAL LAW;
  (B)  RAPE  IN  THE  THIRD  DEGREE, AS DEFINED IN SECTION 130.25 OF THE
PENAL LAW;
  (C) RAPE IN THE SECOND DEGREE, AS DEFINED IN  SECTION  130.30  OF  THE
PENAL LAW;
  (D)  RAPE  IN  THE  FIRST  DEGREE, AS DEFINED IN SECTION 130.35 OF THE
PENAL LAW;
  (E) CRIMINAL SEXUAL ACT IN THE THIRD DEGREE,  AS  DEFINED  IN  SECTION
130.40 OF THE PENAL LAW;
  (F)  CRIMINAL  SEXUAL  ACT IN THE SECOND DEGREE, AS DEFINED IN SECTION
130.45 OF THE PENAL LAW;
  (G) CRIMINAL SEXUAL ACT IN THE FIRST DEGREE,  AS  DEFINED  IN  SECTION
130.50 OF THE PENAL LAW;
  (H) FORCIBLE TOUCHING, AS DEFINED IN SECTION 130.52 OF THE PENAL LAW;
  (I) PERSISTENT SEXUAL ABUSE, AS DEFINED IN SECTION 130.53 OF THE PENAL
LAW;
  (J)  SEXUAL ABUSE IN THE THIRD DEGREE, AS DEFINED IN SECTION 130.55 OF
THE PENAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16817-02-0
              

S. 7424--A                          2

  (K) SEXUAL ABUSE IN THE SECOND DEGREE, AS DEFINED IN SECTION 130.60 OF
THE PENAL LAW;
  (L)  SEXUAL ABUSE IN THE FIRST DEGREE, AS DEFINED IN SECTION 130.65 OF
THE PENAL LAW;
  (M) AGGRAVATED SEXUAL ABUSE  IN  THE  FOURTH  DEGREE,  AS  DEFINED  IN
SECTION 130.65-A OF THE PENAL LAW;
  (N) AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE, AS DEFINED IN SECTION
130.66 OF THE PENAL LAW;
  (O)  AGGRAVATED  SEXUAL  ABUSE  IN  THE  SECOND  DEGREE, AS DEFINED IN
SECTION 130.67 OF THE PENAL LAW;
  (P) AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE, AS DEFINED IN SECTION
130.70 OF THE PENAL LAW;
  (Q) FEMALE GENITAL MUTILATION, AS DEFINED IN  SECTION  130.85  OF  THE
PENAL LAW;
  (R) FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE, AS DEFINED
IN SECTION 130.90 OF THE PENAL LAW;
  (S)  SEXUALLY  MOTIVATED  FELONY,  AS DEFINED IN SECTION 130.91 OF THE
PENAL LAW;
  (T) PREDATORY SEXUAL ASSAULT, AS DEFINED  IN  SECTION  130.95  OF  THE
PENAL LAW.
  2. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
VICTIM  OF  SEXUAL  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 on the sixtieth day after it shall
have become a law.

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

                                 7424--B
    Cal. No. 641

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first report, amended on first report, ordered to a  second  report
  and  ordered  reprinted,  retaining  its  place in the order of second
  report

AN ACT to amend the election law, in relation to  authorizing  registra-
  tion  records of victims of sexual 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 5-510
to read as follows:
  S 5-510. CONFIDENTIALITY OF REGISTRATION RECORDS FOR VICTIMS OF SEXUAL
VIOLENCE. 1. FOR PURPOSES OF THIS  SECTION  VICTIM  OF  SEXUAL  VIOLENCE
MEANS  A  VICTIM  OF ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  2. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
VICTIM OF SEXUAL 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 on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16817-04-0