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
                               ___________

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.