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S07494 Summary:

BILL NOS07494
 
SAME ASSAME AS A05048-A
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRSALAZAR
 
MLTSPNSR
 
Amd 108, Exec L; amd 216, Judy L; amd 5-508, El L
 
Permits enrollment eligibility for federal, state and local court officials and their immediate families in the address confidentiality program to protect judicial officers.
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S07494 Actions:

BILL NOS07494
 
05/31/2023REFERRED TO FINANCE
01/03/2024REFERRED TO FINANCE
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S07494 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7494
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section  1. The opening paragraph of section 108 of the executive law,
     2  as separately amended by chapters 222 and 521 of the laws  of  2022,  is
     3  amended to read as follows:
     4    There  is created in the office of the secretary of state a program to
     5  be known as the "address confidentiality program" to protect victims  of
     6  domestic  violence, victims of human trafficking, victims of kidnapping,
     7  victims of a sexual offense, victims of stalking, eligible  court  offi-
     8  cials  or  immediate  family  members of an eligible court official, and
     9  reproductive health  care  services  providers,  employees,  volunteers,
    10  patients,  or  immediate  family  members  of  reproductive  health care
    11  services providers by authorizing the use of  designated  addresses  for
    12  such  [victims]  individuals and their minor children. The program shall
    13  be administered by the secretary of state.
    14    § 2. Subdivision 1 of section 108 of the executive law is  amended  by
    15  adding a new paragraph (o) to read as follows:
    16    (o)  "Eligible  court  official"  and  "immediate  family member of an
    17  eligible court official" shall have the same meanings ascribed  to  such
    18  terms by section two hundred sixteen of the judiciary law.
    19    §  3.  Clauses  (A)  and  (B)  of subparagraph (i) of paragraph (a) of
    20  subdivision 2 of section 108 of the executive law, clause (A)  as  sepa-
    21  rately  amended  by  chapters  222 and 521, and clause (B) as amended by
    22  chapter 222 of the laws of 2022, are amended to read as follows:
    23    (A) the applicant, or the  minor  or  incapacitated  person  on  whose
    24  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

        S. 7494                             2
 
     1  of  human trafficking, victim of kidnapping, victim of a sexual offense,
     2  victim of stalking, eligible court official or immediate  family  member
     3  of  an  eligible  court official, or a reproductive health care services
     4  provider, employee, volunteer, patient, or an immediate family member of
     5  a reproductive health care services provider;
     6    (B)  the  applicant,  or  the  minor  or incapacitated person on whose
     7  behalf the application is made, has left his or her residence because of
     8  such violence or acts, provided, however, this clause shall not apply if
     9  the applicant is a eligible court official, immediate family  member  of
    10  an  eligible  court  official,  or  a  reproductive health care services
    11  provider, employee, volunteer, patient, or an immediate family member of
    12  a reproductive health care services provider;
    13    § 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
    14  108 of the executive law, as amended by chapter 222 of the laws of 2022,
    15  is amended to read as follows:
    16    (iv)  the  actual address or addresses that the applicant requests not
    17  be disclosed because of the increased risk of domestic violence, a sexu-
    18  al offense, stalking, physical injury or in the case of [a] an  eligible
    19  court  official  and  their  immediate  family  member or a reproductive
    20  health care services provider, employee, volunteer, patient, or an imme-
    21  diate family member of a reproductive  health  care  services  provider,
    22  other threats of violence; and
    23    §  5.  Section  216  of  the  judiciary law is amended by adding a new
    24  subdivision 7 to read as follows:
    25    7. (a) The chief administrator of the courts shall promulgate guidance
    26  in accordance with the provisions  of  this  subdivision  regarding  the
    27  circumstances under which a court official or immediate family member of
    28  a  court  official qualify as an "eligible court official" or "immediate
    29  family member of an eligible court official" allowing such individual to
    30  apply for an address confidentiality program under section  one  hundred
    31  eight of the executive law and/or section 5-508 of the election law.
    32    (b)  The  following  court officials shall be included in the guidance
    33  promulgated pursuant to this subdivision:
    34    (i) judges and justices presiding in courts within  the  state  or  in
    35  federal court;
    36    (ii) clerks of such courts;
    37    (iii) attorneys serving in or routinely appearing before such courts;
    38    (iv)  any  other  court  personnel of such courts as determined by the
    39  chief administrator of the courts; and
    40    (v) the immediate family  members  of  the  individuals  described  in
    41  subparagraphs  (i)  through  (iv) of this paragraph. For the purposes of
    42  this subdivision "immediate family  member"  shall  mean  a  current  or
    43  former  spouse,  current  or  former domestic partner, parent, child, or
    44  sibling, or any other person who regularly resides in the same household
    45  of such court official.
    46    (c) A court official or an immediate family member of a court official
    47  shall be considered an "eligible court official"  or  "immediate  family
    48  member of an eligible court official" where such official or their imme-
    49  diate family member:
    50    (i) has been subjected to a threat of injury;
    51    (ii)  has  been  subjected to conduct that would constitute an offense
    52  involving harassment, stalking, assault, or other similar conduct  under
    53  the penal law; or
    54    (iii)  has cited an identifiable and likely risk of physical injury to
    55  such official or their immediate family member; and

        S. 7494                             3
 
     1    (iv) the circumstances described in subparagraphs (i) through (iii) of
     2  this subdivision were or are directly related, or reasonably believed to
     3  be directly related, to such official's role as a court official.
     4    §  6. Subdivision 1 of section 5-508 of the election law is amended by
     5  adding a new paragraph (c) to read as follows:
     6    (c) "Eligible court official"  and  "immediate  family  member  of  an
     7  eligible  court  official" shall have the same meanings ascribed to such
     8  terms by section two hundred sixteen of the judiciary law.
     9    § 7. Section 5-508 of the election law is  amended  by  adding  a  new
    10  subdivision 3 to read as follows:
    11    3.  (a)  An  eligible  court official or immediate family member of an
    12  eligible court official may deliver to the board of  elections,  in  the
    13  county wherein such individual is registered or intends to be registered
    14  pursuant  to this article, in person or by mail, a signed written state-
    15  ment swearing or affirming that such person is an eligible  court  offi-
    16  cial or immediate family member of an eligible court official.
    17    (b)  Upon  an  application  made to the board of elections pursuant to
    18  paragraph (a) of this subdivision, the board of elections  shall  ensure
    19  that  any registration record kept or maintained in accordance with this
    20  article and any other records with respect to such eligible court  offi-
    21  cial  or  immediate  family member of an eligible court official be kept
    22  separate and apart from other such records and not be made available for
    23  inspection or copying by the public or any other person, except election
    24  officials acting within the scope of their official duties and  only  as
    25  pertinent  and necessary in connection therewith. The confidentiality of
    26  such registration records shall begin upon  the  board's  acceptance  of
    27  such  sworn  statement and continue for four years from such date. A new
    28  application may be made prior to the expiration of such four-year  peri-
    29  od.
    30    §  8.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law.    Effective  immediately,  the  addition,  amendment
    32  and/or repeal of any rule or regulation necessary for the implementation
    33  of  this  act  on  its  effective  date  are  authorized  to be made and
    34  completed on or before such effective date.
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