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

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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

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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

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4073 - Bill Details

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

S4073 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4073

TITLE OF BILL:
An act
to amend the criminal procedure law,
in relation to authorizing registration
records of victims of sexual violence to be kept confidential in
certain cases

PURPOSE OR GENERAL IDEA OF BILL:
This bill allows victims of sexual violence extra protection against
their attacker by allowing them to have their voter records sealed.
The victim is able to do this by sending a letter to the prosecuting
district attorney prior to sentencing.

SUMMARY OF PROVISIONS:
Section One adds a new section 530.15 to the criminal procedure law
which enables victims of sexual violence, as defined in article one
hundred thirty of the penal law, to write a letter to the prosecuting
district attorney prior to sentencing to request that their voter
registration records be sealed. The victim of sexual violence may
make an application to the court at any time following sentencing.
There is no fee associated with this procedure. This act does not
apply to election officials acting within scope of their employment
and voter registration information can be only be shared when
required to fulfill their duties as an election official. If the
letter is sent to a district attorney other than the district
attorney responsible for prosecuting the defendant of the sexual
assault, the district attorney in receipt of the letter from the
victim must either make the petition or notify the victim that they
cannot make the motion and inform them of the steps they must take to
seal their information.
Section Two is the effective date.

JUSTIFICATION:
Under current law, victims of sexual violence may petition the supreme
court to have their voter records sealed. Many times victims decline
to register to vote out of fear that their attacker will use this
public information to track them down. As a result, they miss out on
exercising their right to vote due to the public nature of these
documents.

This bill makes it less onerous for a sexual violence victim to have
their records sealed by allowing them to send a letter to the
prosecuting district attorney prior to their attacker's sentencing.
Upon receipt of this letter, the district attorney is directed to move
the court on behalf of the victim so that their information will be
kept separate from the records which are available for public
inspection. By removing the requirement that the victim must move the
court themselves, this legislation provides a more streamlined
approach to this procedure and the victim is provided with a greater
degree of anonymity.

LEGISLATIVE HISTORY:
New Bill.


FISCAL IMPLICATIONS:
None Noted.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

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                    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

S. 4073                             2

  4.  THIS SECTION SHALL NOT APPLY TO AN ELECTION OFFICIAL ACTING WITHIN
THE SCOPE OF HIS OR HER EMPLOYMENT. SUCH ELECTION OFFICIAL  MAY  INSPECT
AND/OR COPY SUCH REGISTRATION INFORMATION AND MAY SHARE SUCH INFORMATION
WITH  OTHER  INDIVIDUALS  ONLY  WHEN  REQUIRED  TO  FULFILL THE FAITHFUL
DISCHARGE  OF  HIS OR HER DUTIES AS AN ELECTION OFFICIAL.  INTENTIONALLY
SHARING SUCH INFORMATION WITH AN UNAUTHORIZED INDIVIDUAL IS A  MISDEMEA-
NOR.
  5.  THERE SHALL BE NO FEE FOR MAKING AN APPLICATION PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION.
  6. IF A DISTRICT ATTORNEY RECEIVES A LETTER PURSUANT TO PARAGRAPH  (A)
OF  SUBDIVISION  TWO  OF  THIS  SECTION  AND HE OR SHE IS NOT THE PERSON
RESPONSIBLE FOR THE PROSECUTION OF THE DEFENDANT OF THE UNDERLYING SEXU-
AL ASSAULT, OR HE OR SHE RECEIVES THE LETTER  AFTER  THE  DEFENDANT  HAS
BEEN SENTENCED, THE DISTRICT ATTORNEY SHALL EITHER:
  (A) MAKE THE MOTION TO THE COURT PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
SION TWO OF THIS SECTION; OR
  (B) SEND A REPLY LETTER TO THE VICTIM OF THE SEXUAL ASSAULT EXPLAINING
THE REASON FOR NOT MAKING A MOTION PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
SION  TWO  OF  THIS  SECTION AND INFORMING SUCH VICTIM OF WHAT STEPS THE
VICTIM MUST TAKE TO EFFECTIVELY SEAL THEIR VOTER  REGISTRATION  INFORMA-
TION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S4073A - Bill Details

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

S4073A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4073A

TITLE OF BILL:
An act
to amend the election law,
in relation to authorizing registration
records of victims of sexual violence to be kept confidential in
certain cases

PURPOSE OR GENERAL IDEA OF BILL:
This bill allows victims of sexual and domestic violence protection
against their attacker by enabling them to have their voter records
sealed. The victim is able to do this by sending a letter to the
district attorney for the county where the victim is registered, who
may then issue an order requiring confidentiality of the records.

SUMMARY OF PROVISIONS:
Section One amends section 5-508 of the election law, adding paragraph
(c) to define "victim of sexual violence" as any person who is a
victim of any offense under article one hundred thirty of the penal
law.

Section Two amends subdivision 2 of section 5-508 of the election law
to allow victims of domestic violence to send an application to the
district attorney in the county where the victim is registered to vote.
The district attorney may then issue an order that the victim's
registration file be kept separate and not be available for
inspection or copying, except by an election official when pertinent
and necessary in connection with their official duties. This section
also adds a new subdivision 3 to allow the same protection to victims
of sexual violence.

Section Three is the effective date.

JUSTIFICATION:
Under current law, victims of domestic violence may petition the
supreme court to have their voter records sealed. This bill makes it
less onerous for a domestic violence victim to have their records
sealed by allowing them to send a letter to the prosecuting district
attorney prior to their attacker's sentencing. Upon receipt of this
letter, the district attorney is directed to issue an order that the
victim's information will be kept separate from the records which are
available for public inspection. By removing the requirement that the
victim must petition the court themselves, this legislation provides
a more streamlined approach to this procedure and the victim is
provided with a greater degree of anonymity.

This bill also extends the same protection to victims of sexual
violence to whom anonymity is not currently provided. It is equally
important for victims of these heinous crimes to be protected from
their attackers, and this legislation closes the gap in the current
law to allow sexual violence victims the same protection as victims of
domestic violence so that they too can feel secure in registering to
vote.

LEGISLATIVE HISTORY:


New Bill.

FISCAL IMPLICATIONS:
None Noted.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

view full 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

S. 4073--A                          2

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  PERTI-
NENT 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.

Co-Sponsors

S4073B (ACTIVE) - Bill Details

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

S4073B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4073B

TITLE OF BILL:
An act
to amend the election law,
in relation to authorizing registration
records of victims of sexual violence to be kept confidential in
certain cases

PURPOSE OR GENERAL IDEA OF BILL:
This bill allows victims of sexual violence protection against their
attacker by enabling them to have their voter records sealed. The
victim is able to do this by petitioning the supreme court for the
county where the victim is registered, who may then issue an order
requiring confidentiality of the records.

SUMMARY OF PROVISIONS:
Section One amends section 5-508 of the election law, adding paragraph
(c) to define "victim of sexual violence" as any person who is a
victim of any offense under article one hundred thirty of the penal
law.

Section Two amends subdivision 2 of section 5-508 of the election law
to allow victims of domestic violence to apply to the supreme court
in the county where the victim is registered to vote. The court may
then issue an order that the victim's registration file be kept
separate and not be available for inspection or copying, except by an
election official when pertinent and necessary in connection with
their official duties. This section also adds a new subdivision 3 to
allow the same protection to victims of sexual violence.

Section Three is the effective date.

JUSTIFICATION:
Under current law, victims of domestic violence may petition the
supreme court to have their voter records sealed. Upon receipt of
this application, the court may issue an order that the victim's
information will be kept separate from the records which are
available for public inspection.

This bill extends that protection to victims of sexual violence to
whom anonymity is not currently provided. It is equally important for
victims of these heinous crimes to be protected from their attackers,
and this legislation closes the gap in the current law to allow
sexual violence victims the same protection as victims of domestic
violence so that they too can feel secure in registering to vote.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.


view full 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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