Senate Bill S7494

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7494
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the judiciary law  and  the  election
   law,  in  relation  to  address  confidentiality to federal, state and
   local court officials and their immediate families

   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 separately amended by chapters 222 and 521 of the laws  of  2022,  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 kidnapping,
 victims of a sexual offense, victims of stalking, ELIGIBLE  COURT  OFFI-
 CIALS  OR  IMMEDIATE  FAMILY  MEMBERS OF AN ELIGIBLE COURT OFFICIAL, and
 reproductive health  care  services  providers,  employees,  volunteers,
 patients,  or  immediate  family  members  of  reproductive  health care
 services providers by authorizing the use of  designated  addresses  for
 such  [victims]  INDIVIDUALS 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 a new paragraph (o) to read as follows:
   (O)  "ELIGIBLE  COURT  OFFICIAL"  AND  "IMMEDIATE  FAMILY MEMBER OF AN
 ELIGIBLE COURT OFFICIAL" SHALL HAVE THE SAME MEANINGS ASCRIBED  TO  SUCH
 TERMS BY SECTION TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
   §  3.  Clauses  (A)  and  (B)  of subparagraph (i) of paragraph (a) of
 subdivision 2 of section 108 of the executive law, clause (A)  as  sepa-
 rately  amended  by  chapters  222 and 521, and clause (B) as amended by
 chapter 222 of the laws of 2022, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04240-03-3
              

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 of  human trafficking, victim of kidnapping, victim of a sexual offense,
 victim of stalking, ELIGIBLE COURT OFFICIAL OR IMMEDIATE  FAMILY  MEMBER
 OF  AN  ELIGIBLE  COURT OFFICIAL, or a reproductive health care services
 provider, employee, volunteer, patient, or an immediate family member of
 a reproductive health care services provider;
   (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, provided, however, this clause shall not apply if
 the applicant is a ELIGIBLE COURT OFFICIAL, IMMEDIATE FAMILY  MEMBER  OF
 AN  ELIGIBLE  COURT  OFFICIAL,  OR  A  reproductive health care services
 provider, employee, volunteer, patient, or an immediate family member of
 a reproductive health care services provider;
   § 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
 108 of the executive law, as amended by chapter 222 of the laws of 2022,
 is amended to read as follows:
   (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, physical injury or in the case of [a] AN  ELIGIBLE
 COURT  OFFICIAL  AND  THEIR  IMMEDIATE  FAMILY  MEMBER OR A reproductive
 health care services provider, employee, volunteer, patient, or an imme-
 diate family member of a reproductive  health  care  services  provider,
 other threats of violence; and
   §  5.  Section  216  of  the  judiciary law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE GUIDANCE
 IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SUBDIVISION  REGARDING  THE
 CIRCUMSTANCES UNDER WHICH A COURT OFFICIAL OR IMMEDIATE FAMILY MEMBER OF
 A  COURT  OFFICIAL QUALIFY AS AN "ELIGIBLE COURT OFFICIAL" OR "IMMEDIATE
 FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL" ALLOWING SUCH INDIVIDUAL TO
 APPLY FOR AN ADDRESS CONFIDENTIALITY PROGRAM UNDER SECTION  ONE  HUNDRED
 EIGHT OF THE EXECUTIVE LAW AND/OR SECTION 5-508 OF THE ELECTION LAW.
   (B)  THE  FOLLOWING  COURT OFFICIALS SHALL BE INCLUDED IN THE GUIDANCE
 PROMULGATED PURSUANT TO THIS SUBDIVISION:
   (I) JUDGES AND JUSTICES PRESIDING IN COURTS WITHIN  THE  STATE  OR  IN
 FEDERAL COURT;
   (II) CLERKS OF SUCH COURTS;
   (III) ATTORNEYS SERVING IN OR ROUTINELY APPEARING BEFORE SUCH COURTS;
   (IV)  ANY  OTHER  COURT  PERSONNEL OF SUCH COURTS AS DETERMINED BY THE
 CHIEF ADMINISTRATOR OF THE COURTS; AND
   (V) THE IMMEDIATE FAMILY  MEMBERS  OF  THE  INDIVIDUALS  DESCRIBED  IN
 SUBPARAGRAPHS  (I)  THROUGH  (IV) OF THIS PARAGRAPH. FOR THE PURPOSES OF
 THIS SUBDIVISION "IMMEDIATE FAMILY  MEMBER"  SHALL  MEAN  A  CURRENT  OR
 FORMER  SPOUSE,  CURRENT  OR  FORMER DOMESTIC PARTNER, PARENT, CHILD, OR
 SIBLING, OR ANY OTHER PERSON WHO REGULARLY RESIDES IN THE SAME HOUSEHOLD
 OF SUCH COURT OFFICIAL.
   (C) A COURT OFFICIAL OR AN IMMEDIATE FAMILY MEMBER OF A COURT OFFICIAL
 SHALL BE CONSIDERED AN "ELIGIBLE COURT OFFICIAL"  OR  "IMMEDIATE  FAMILY
 MEMBER OF AN ELIGIBLE COURT OFFICIAL" WHERE SUCH OFFICIAL OR THEIR IMME-
 DIATE FAMILY MEMBER:
   (I) HAS BEEN SUBJECTED TO A THREAT OF INJURY;
   (II)  HAS  BEEN  SUBJECTED TO CONDUCT THAT WOULD CONSTITUTE AN OFFENSE
 INVOLVING HARASSMENT, STALKING, ASSAULT, OR OTHER SIMILAR CONDUCT  UNDER
 THE PENAL LAW; OR
   (III)  HAS CITED AN IDENTIFIABLE AND LIKELY RISK OF PHYSICAL INJURY TO
 SUCH OFFICIAL OR THEIR IMMEDIATE FAMILY MEMBER; AND
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   (IV) THE CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPHS (I) THROUGH (III) OF
 THIS SUBDIVISION WERE OR ARE DIRECTLY RELATED, OR REASONABLY BELIEVED TO
 BE DIRECTLY RELATED, TO SUCH OFFICIAL'S ROLE AS A COURT OFFICIAL.
   §  6. Subdivision 1 of section 5-508 of the election law is amended by
 adding a new paragraph (c) to read as follows:
   (C) "ELIGIBLE COURT OFFICIAL"  AND  "IMMEDIATE  FAMILY  MEMBER  OF  AN
 ELIGIBLE  COURT  OFFICIAL" SHALL HAVE THE SAME MEANINGS ASCRIBED TO SUCH
 TERMS BY SECTION TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
   § 7. Section 5-508 of the election law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  (A)  AN  ELIGIBLE  COURT OFFICIAL OR IMMEDIATE FAMILY MEMBER OF AN
 ELIGIBLE COURT OFFICIAL MAY DELIVER TO THE BOARD OF  ELECTIONS,  IN  THE
 COUNTY WHEREIN SUCH INDIVIDUAL IS REGISTERED OR INTENDS TO BE REGISTERED
 PURSUANT  TO THIS ARTICLE, IN PERSON OR BY MAIL, A SIGNED WRITTEN STATE-
 MENT SWEARING OR AFFIRMING THAT SUCH PERSON IS AN ELIGIBLE  COURT  OFFI-
 CIAL OR IMMEDIATE FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL.
   (B)  UPON  AN  APPLICATION  MADE TO THE BOARD OF ELECTIONS PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, 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 ELIGIBLE COURT  OFFI-
 CIAL  OR  IMMEDIATE  FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL 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 SCOPE OF THEIR OFFICIAL DUTIES AND  ONLY  AS
 PERTINENT  AND NECESSARY IN CONNECTION THEREWITH. THE CONFIDENTIALITY OF
 SUCH REGISTRATION RECORDS SHALL BEGIN UPON  THE  BOARD'S  ACCEPTANCE  OF
 SUCH  SWORN  STATEMENT AND CONTINUE FOR FOUR YEARS FROM SUCH DATE. A NEW
 APPLICATION MAY BE MADE PRIOR TO THE EXPIRATION OF SUCH FOUR-YEAR  PERI-
 OD.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.