BILL NO A08902
SAME AS SAME AS S01685
SPONSOR Thiele (MS)
COSPNSR Brook-Krasny, Gottfried, Graf, Gunther, Lupinacci, Magnarelli, Mayer,
McDonough, Mosley, Otis, Raia, Rosa, Skoufis, Steck, Galef, Jaffee,
Millman, Cahill, Hooper, Zebrowski, Markey, Tenney
MLTSPNSR Abbate, Aubry, Barclay, Brennan, Ceretto, Cook, Corwin, Crespo,
Crouch, Cymbrowitz, Duprey, Giglio, Hikind, Kolb, Magee, McKevitt,
Palumbo, Perry, Stec, Weisenberg
Amd S5-508, El L
Relates to authorizing registration records of victims of sexual violence to be
kept confidential in certain cases.
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 or 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
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 3 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: 2012 -- Passed Senate
FISCAL IMPLICATIONS: None noted.
EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law.
S T A T E O F N E W Y O R K
I N A S S E M B L Y
February 28, 2014
Introduced by M. of A. THIELE, BROOK-KRASNY, GOTTFRIED, GRAF, GUNTHER,
LUPINACCI, MAGNARELLI, MAYER, McDONOUGH, MOSLEY, OTIS, RAIA, ROSA,
SKOUFIS, STECK, GALEF, JAFFEE, MILLMAN, CAHILL, HOOPER, ZEBROWSKI,
MARKEY -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, BARCLAY,
BRENNAN, CERETTO, COOK, CORWIN, CRESPO, CROUCH, CYMBROWITZ, DUPREY,
GIGLIO, HIKIND, KOLB, MAGEE, PALUMBO, STEC, 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 sexual violence to be kept confidential in
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 5-508 of the election law is
2 amended by adding a new paragraph (c) to read as follows:
3 (C) "VICTIM OF SEXUAL VIOLENCE" MEANS ANY PERSON WHO IS A VICTIM OF
4 ANY OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
5 S 2. Section 5-508 of the election law is amended by adding a new
6 subdivision 3 to read as follows:
7 3. UPON APPLICATION MADE TO THE SUPREME COURT, IN THE COUNTY WHEREIN A
8 VICTIM OF SEXUAL VIOLENCE IS REGISTERED PURSUANT TO THIS ARTICLE, THE
9 COURT MAY ISSUE AN ORDER REQUIRING THAT ANY REGISTRATION RECORD KEPT OR
10 MAINTAINED IN ACCORDANCE WITH THIS ARTICLE WITH RESPECT TO SUCH AN INDI-
11 VIDUAL BE KEPT SEPARATE AND APART FROM OTHER REGISTRATION RECORDS AND
12 NOT BE MADE AVAILABLE FOR INSPECTION OR COPYING BY THE PUBLIC OR ANY
13 OTHER PERSON, EXCEPT ELECTION OFFICIALS ACTING WITHIN THE COURSE AND
14 SCOPE OF THEIR OFFICIAL DUTIES AND ONLY AS PERTINENT AND NECESSARY IN
15 CONNECTION THEREWITH.
16 S 3. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law. Effective immediately, the addition, amend-
18 ment and/or repeal of any rule or regulation necessary for the implemen-
19 tation of this act on its effective date is authorized to be made on or
20 before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.