S T A T E O F N E W Y O R K
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4033
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
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Introduced by M. of A. GABRYSZAK, M. MILLER -- Multi-Sponsored by -- M.
of A. PHEFFER, WEISENBERG -- 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 5-510
to read as follows:
S 5-510. 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07779-01-1
A. 4033 2
(IV) PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
(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.