NY State Senate Bill 2019-S5444

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 01, 2019	signed chap.141
Jul 30, 2019	delivered to governor
Jun 18, 2019	returned to senate passed assembly ordered to third reading rules cal.284 substituted for a7515
May 14, 2019	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.684 committee discharged and committed to rules
May 07, 2019	referred to finance
May 01, 2019	referred to crime victims, crime and correction

Votes

- May 14, 2019 - Floor Vote
  S5444
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 14, 2019
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (3)
      
      Funke
      
      Parker
      
      Sanders Jr.
  May 14, 2019 - Rules Committee Vote
  S5444
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 14, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      excused (1)
      
      Parker
  May 7, 2019 - Crime Victims, Crime And Correction Committee Vote
  S5444
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 7, 2019
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Montgomery
      
      Myrie
      
      Rivera
      
      Sepúlveda

co-Sponsors

2019-S5444 (ACTIVE) - Details

See Assembly Version of this Bill:: A7515
Law Section:: Executive Law
Laws Affected:: Amd §108, Exec L

2019-S5444 (ACTIVE) - Summary

Relates to participation in the address confidentiality program; authorizes victims of sexual offenses, human trafficking and stalking to participate.

2019-S5444 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5444

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to amend the executive law, in relation to
participation in the address confidentiality program

 
PURPOSE OF THE BILL:

This bill would expand the category of eligible participants in the NYS
Address Confidentiality Program to include victims of sexual offenses,
stalking, and human trafficking.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the opening paragraph of Section 108 of the
Executive Law to provide that victims of sexual offenses, victims of
stalking, and human trafficking victims will be eligible to participate
in the Address Confidentiality Program.

Section 2 of the bill amends subdivision 1 of Section 108 of the Execu-
tive Law to add definitions of "victim of sexual offense," "victim of

stalking" and "human trafficking victim".

Section 3 of the bill amends paragraph (a) of subdivision 2 of Section
108 of the Executive Law to permit victims of sexual offenses, victims
of stalking, and human trafficking victims to file an application to
participate in the Address Confidentiality Program in the same manner as
currently required for victims of domestic violence.

Section 4 of the bill amends subdivision 3 of Section 108 of the Execu-
tive Law to permit the Secretary of State to designate certain nonprofit
agencies to assist victims of a sexual offense, victims of stalking,.and
human trafficking victims in applying to participate in the Address
Confidentiality Program.

Section 5 of the bill provides that the bill will be effective ninety
days after it becomes a law.

 
JUSTIFICATION:

This bill will help protect victims of sexual offenses, victims of
stalking, and human trafficking victims by permitting their partic-
ipation in the Address Confidential Program ("ACP"). This program was
enacted by Chapter 502 of the Laws of 2011 to provide assistance to
victims of domestic violence in keeping their actual address confiden-
tial. Persons attempting to evade actual or threatened violence often
move to a new address in order to hide from an assailant or potential
assailant. Perpetrators of these acts are often tenacious in searching
for their victims. The ACP is a cost-free initiative, administered by
the Department of State, which currently allows victims of domestic
violence to shield their actual new address from their abusers. Partic-
ipants use a substitute address provided by the Department of State in
lieu of their actual home, school or work address. The Depatment
forwards legal process and mail to the confidential mailing address
provided by the participant.

At this time, approximately 2,400 individuals are participating in the
ACP. Currently, participation in the ACP is limited to victims of domes-
tic violence. However, many victims of sexual offenses, stalking or
human trafficking also have a need for the benefits of an address confi-
dentiality program, as these victims are also put in jeopardy when they
are required to use their actual address. At least 29 other states have
addressed this issue by permitting victims of sexual offenses, stalking
or human trafficking to participate in their address confidentiality
program in the same manner as victims of domestic violence. Based on
information reported by such states, the Department of State estimates
that participation in the ACP would ultimately increase by 30 percent as
a result of this bill. Offering victims of sexual offenses, stalking and
human trafficking the benefits of the ACP will help protect them from
violence by assisting them to keep their actual addresses confidential.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Following an initial startup period, the program expansion will require
an increase in staffing and postage costs of approximately $50,000.

 
EFFECTIVE DATE:
This bill carries an effective date of 90 days after it shall have
become law.

2019-S5444 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5444
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced by Sen. SALAZAR -- (at request of the Department of State) --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Crime Victims, Crime and Correction
 
 AN ACT to amend the executive law, in relation to participation  in  the
   address confidentiality program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 108 of the executive  law,
 as  added  by  chapter  502  of  the laws of 2011, is amended to read as
 follows:
   There is created in the office of the secretary of state a program  to
 be  known as the "address confidentiality program" to protect victims of
 domestic violence, VICTIMS OF HUMAN TRAFFICKING,  VICTIMS  OF  A  SEXUAL
 OFFENSE  AND  VICTIMS  OF  STALKING by authorizing the use of designated
 addresses for such victims and their minor children. The  program  shall
 be administered by the secretary of state.
   §  2.  Subdivision 1 of section 108 of the executive law is amended by
 adding three new paragraphs (i), (j) and (k) to read as follows:
   (I) "VICTIM OF A SEXUAL OFFENSE" MEANS A VICTIM OF ANY ACT  CONSTITUT-
 ING  AN  OFFENSE  AS  DEFINED  UNDER  ARTICLE ONE HUNDRED THIRTY, AND/OR
 SECTIONS 255.25, 255.26, AND 255.27 OF THE PENAL LAW, INCLUDING  THREATS
 OR ATTEMPTS TO COMMIT SUCH OFFENSES.
   (J)  "VICTIM  OF  STALKING"  MEANS A VICTIM OF ANY ACT CONSTITUTING AN
 OFFENSE AS DEFINED UNDER SECTIONS 120.45, 120.50, 120.55 AND  120.60  OF
 THE PENAL LAW.
   (K) "VICTIM OF HUMAN TRAFFICKING" MEANS A VICTIM OF ANY ACT CONSTITUT-
 ING  AN  OFFENSE  AS  DEFINED  UNDER  SECTION 135.35, 135.37, 230.34, OR
 230.34-A OF THE PENAL LAW.
   § 3. Clauses (A) and (B) of subparagraph (i) and subparagraph (iv)  of
 paragraph  (a)  of subdivision 2 of section 108 of the executive law, as

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09219-01-9

 S. 5444                             2
 
 added by chapter 502 of the  laws  of  2011,  are  amended  to  read  as
 follows:
   (A)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, is a victim of domestic violence, VICTIM
 OF HUMAN TRAFFICKING, VICTIM OF A SEXUAL OFFENSE, OR VICTIM OF STALKING;
   (B) the applicant, or the  minor  or  incapacitated  person  on  whose
 behalf the application is made, has left his or her residence because of
 such violence OR ACTS;
   (iv)  the  actual address or addresses that the applicant requests not
 be disclosed because of the increased risk of domestic violence, A SEXU-
 AL OFFENSE, STALKING, OR PHYSICAL INJURY; and
   § 4. Subdivision 3 of section 108 of the executive law,  as  added  by
 chapter 502 of the laws of 2011, is amended to read as follows:
   3.  Designation  of agencies to assist applicants. The secretary shall
 designate state, local or nonprofit agencies  that  provide  counseling,
 referral,  shelter  or other specialized services to victims of domestic
 violence, VICTIMS OF HUMAN TRAFFICKING, VICTIMS OF A SEXUAL OFFENSE  AND
 VICTIMS  OF  STALKING  to  assist persons applying to be program partic-
 ipants. Such persons providing assistance shall be trained by the secre-
 tary. Any assistance and counseling rendered by an officer of the secre-
 tary or his or her designees to applicants shall in no way be  construed
 as legal advice.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5444

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 14, 2019 - Floor Vote

Floor Vote: May 14, 2019

May 14, 2019 - Rules Committee Vote

Rules Committee Vote: May 14, 2019

May 7, 2019 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 7, 2019

co-Sponsors

2019-S5444 (ACTIVE) - Details

2019-S5444 (ACTIVE) - Summary

2019-S5444 (ACTIVE) - Sponsor Memo

2019-S5444 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5444

Share this bill

Sponsored By

Julia Salazar

Archive: Last Bill Status - Signed by Governor

co-Sponsors

Alessandra Biaggi

Pete Harckham

Anna M. Kaplan

2019-S5444 (ACTIVE) - Details

2019-S5444 (ACTIVE) - Summary

2019-S5444 (ACTIVE) - Sponsor Memo

2019-S5444 (ACTIVE) - Bill Text download pdf

Comments