Relates to the confidentiality of registration records for victims of domestic violence; requires victims of domestic violence wishing to make their registration records confidential to deliver a signed written statement swearing or affirming that they are victims of domestic violence and due to the threat of physical or emotional harm they wish to keep their registration record confidential.
S T A T E O F N E W Y O R K
________________________________________________________________________
11052
I N A S S E M B L Y
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rozic) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the confidentiality of
registration records for victims of domestic violence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 5-508 of the election law, as
amended by chapter 396 of the laws of 2017, is amended to read as
follows:
2. (A) A VICTIM OF DOMESTIC VIOLENCE MAY DELIVER TO THE BOARD OF
ELECTIONS, IN THE COUNTY WHEREIN SUCH VICTIM OF DOMESTIC VIOLENCE IS
REGISTERED OR INTENDS TO BE REGISTERED PURSUANT TO THIS ARTICLE, IN
PERSON OR BY MAIL, A SIGNED WRITTEN STATEMENT SWEARING OR AFFIRMING:
(I) THAT SUCH PERSON IS THE VICTIM OF DOMESTIC VIOLENCE; AND
(II) THAT BECAUSE OF THE THREAT OF PHYSICAL OR EMOTIONAL HARM TO THEM-
SELF OR TO FAMILY OR HOUSEHOLD MEMBERS, SUCH PERSON WISHES FOR THEIR
REGISTRATION RECORD TO BE KEPT CONFIDENTIAL.
(B) Upon application made to the [supreme court, county court, or
family court, in the county wherein a victim of domestic violence is
registered pursuant to this article, the court may issue an order
requiring] BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE BOARD OF ELECTIONS SHALL ENSURE that any registration record
kept or maintained in accordance with this article and any other records
with respect to such [an individual] VICTIM OF DOMESTIC VIOLENCE be kept
separate and apart from other such 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17386-02-0
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