senate Bill S4073B

2011-2012 Legislative Session

Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2012 referred to election law
delivered to assembly
passed senate
Feb 14, 2012 advanced to third reading
Feb 13, 2012 2nd report cal.
Feb 07, 2012 1st report cal.182
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 14, 2011 referred to election law
delivered to assembly
passed senate
ordered to third reading cal.1222
Jun 13, 2011 committee discharged and committed to rules
Jun 07, 2011 print number 4073b
amend and recommit to codes
May 06, 2011 print number 4073a
amend (t) and recommit to codes
Mar 16, 2011 referred to codes

Votes

view votes

Feb 7, 2012 - Codes committee Vote

S4073B
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 14, 2011 - Rules committee Vote

S4073B
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S4073 - Details

Law Section:
Election Law
Laws Affected:
Amd §5-508, El L
Versions Introduced in 2009-2010 Legislative Session:
S7424, S7424B

S4073 - Summary

Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.

S4073 - Sponsor Memo

S4073 - Bill Text download pdf

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

                                  4073

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  registration  records  of victims of sexual violence to be kept confi-
  dential in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 530.15 to read as follows:
S  530.15  CONFIDENTIALITY  OF  ELECTION  REGISTRATION  INFORMATION  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. (A) AT ANY TIME PRIOR TO THE SENTENCING THE DEFENDANT IN THE UNDER-
LYING CASE, THE VICTIM OF THE SEXUAL ASSAULT MAY WRITE A LETTER  TO  THE
DISTRICT  ATTORNEY  PROSECUTING  THE  CASE, OR HIS OR HER AGENT, STATING
THAT THEY WISH TO HAVE THEIR VOTER REGISTRATION INFORMATION SEALED.
  (B) UPON RECEIPT OF SUCH LETTER, THE DISTRICT ATTORNEY SHALL MOVE  THE
COURT,  AND THE COURT SHALL SO ORDER, THAT THE VOTER REGISTRATION INFOR-
MATION OF THE SEXUAL ASSAULT VICTIM BE  KEPT  SEPARATE  AND  APART  FROM
OTHER  REGISTRATION RECORDS AND NOT MADE AVAILABLE FOR PUBLIC INSPECTION
OR COPYING.
  3. AT ANY TIME AFTER THE SENTENCING OF THE DEFENDANT IN THE UNDERLYING
CASE, THE VICTIM OF THE SEXUAL ASSAULT MAY MAKE AN  APPLICATION  TO  THE
COURT  HAVING  ORIGINAL  JURISDICTION  OVER  THE CASE TO SEAL HIS OR HER
VOTER REGISTRATION INFORMATION. UPON RECEIPT OF SUCH AN APPLICATION, THE
COURT SHALL ISSUE AN ORDER SEALING SUCH INFORMATION  AND  ORDERING  THAT
THE  VOTER REGISTRATION INFORMATION OF THE SEXUAL ASSAULT VICTIM BE KEPT
SEPARATE AND APART FROM OTHER REGISTRATION RECORDS AND NOT  MADE  AVAIL-
ABLE FOR PUBLIC INSPECTION OR COPYING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07831-02-1

S4073A - Details

Law Section:
Election Law
Laws Affected:
Amd §5-508, El L
Versions Introduced in 2009-2010 Legislative Session:
S7424, S7424B

S4073A - Summary

Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.

S4073A - Sponsor Memo

S4073A - Bill Text download pdf

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

                                 4073--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  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.  Subdivision 1 of section 5-508  of  the  election  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  "VICTIM  OF  SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS A VICTIM OF
ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
  S 2. Subdivision 2 of section 5-508 of the election law, as  added  by
chapter  73  of  the laws of 2010, is amended and a new subdivision 3 is
added to read as follows:
  2. Upon application made to the [supreme court] DISTRICT ATTORNEY,  in
the  county wherein a victim of domestic violence is registered pursuant
to this article, [the court may] SUCH DISTRICT ATTORNEY SHALL  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 there-
with.
  3. UPON APPLICATION MADE TO THE DISTRICT ATTORNEY, IN THE COUNTY WHER-
EIN A VICTIM OF SEXUAL VIOLENCE IS REGISTERED PURSUANT TO THIS  ARTICLE,
SUCH DISTRICT ATTORNEY SHALL ISSUE AN ORDER REQUIRING THAT ANY REGISTRA-
TION  RECORD  KEPT  OR  MAINTAINED  IN ACCORDANCE WITH THIS ARTICLE WITH
RESPECT TO SUCH AN INDIVIDUAL BE KEPT  SEPARATE  AND  APART  FROM  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07831-10-1

Co-Sponsors

S4073B (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §5-508, El L
Versions Introduced in 2009-2010 Legislative Session:
S7424, S7424B

S4073B (ACTIVE) - Summary

Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases.

S4073B (ACTIVE) - Sponsor Memo

S4073B (ACTIVE) - Bill Text download pdf

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

                                 4073--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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.    Subdivision  1  of section 5-508 of the election law is
amended by adding a new paragraph (c) to read as follows:
  (C) "VICTIM OF SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS  A  VICTIM  OF
ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
  S  2.  Section  5-508  of  the election law is amended by adding a new
subdivision 3 to read as follows:
  3. 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 3. This act shall take effect on the one hundred twentieth 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 is authorized to be made on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07831-12-1

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