Establishes the "address confidentiality program" for victims of domestic violence to be administered by the secretary of state in consultation with the executive director of the New York state office for the prevention of domestic violence.
STATE OF NEW YORK
________________________________________________________________________
5618
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. ERRIGO, ALFANO, BACALLES, BALL, BARRA, CALHOUN,
CROUCH, FINCH, KOLB, McKEVITT, MOLINARO, SAYWARD, TOBACCO, TOWNSEND,
WALKER -- Multi-Sponsored by -- M. of A. BARCLAY, COLTON, CONTE,
DUPREY, GABRYSZAK, GIGLIO, HAWLEY, MAYERSOHN, QUINN, SPANO, WEISENBERG
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to creating an address
confidentiality program to protect the personal identity and location
of victims of domestic violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 577 to
2 read as follows:
3 § 577. Address confidentiality program. There is hereby established in
4 the office an address confidentiality program to be administered by the
5 secretary of state in consultation with the executive director of the
6 office pursuant to section one hundred eight of this chapter.
7 § 2. The executive law is amended by adding a new section 108 to read
8 as follows:
9 § 108. Address confidentiality program. 1. The secretary of state
10 shall administer the address confidentiality program established pursu-
11 ant to section five hundred seventy-seven of this chapter.
12 2. A person eighteen years of age or older, a parent or guardian
13 acting on behalf of a minor, or a guardian acting on behalf of an inca-
14 pacitated person may submit an application to the secretary of state to
15 have an address designated by the secretary as the applicant's address.
16 The secretary shall approve an application if it is filed in the manner
17 and on the form prescribed by the secretary in consultation with the
18 executive director of the New York state office for the prevention of
19 domestic violence, and if it contains:
20 a. a sworn statement by the applicant that the applicant has good
21 reason to believe:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05826-01-9
A. 5618 2
1 (i) that the applicant is a victim of domestic violence as defined in
2 subdivision one of section four hundred fifty-nine-a of the social
3 services law; and
4 (ii) that the applicant fears further violent acts from the appli-
5 cant's assailant; and
6 b. a designation of the secretary of state as agent for the purpose of
7 receiving process and for the purpose of receipt of mail; and
8 c. the mailing address where the applicant can be contacted by the
9 secretary of state, and a telephone number where the applicant can be
10 called; and
11 d. the signature of the applicant and any person who assisted in the
12 preparation of the application, and the date.
13 3. Upon approving a completed application, the secretary of state
14 shall certify the applicant as a program participant. An applicant shall
15 be certified for four years following the date of filing unless the
16 certification is withdrawn or invalidated prior to that date. Program
17 participants may apply to be recertified every four years.
18 4. Program participants may use the address designated by the secre-
19 tary of state as his or her employment address and/or address used for
20 the purpose of application for or receipt of any public assistance bene-
21 fits to which the participant may be or may become entitled to receive.
22 5. Upon receipt of first class mail addressed to a program partic-
23 ipant, the secretary of state or a designee shall forward the mail to
24 the actual address of the participant. The secretary may arrange to
25 receive and forward other kinds and classes of mail for any program
26 participant at the participant's expense. The actual address of a
27 program participant shall be available only to the secretary of state
28 and to those employees involved in the operation of the address confi-
29 dentiality program and to law enforcement officers for law enforcement
30 purposes.
31 6. The secretary of state, in consultation with the executive director
32 of the New York state office for the prevention of domestic violence
33 shall promulgate any rules and regulations necessary to effectuate the
34 purposes of this section.
35 § 3. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law. Effective immediately, the addition, amend-
37 ment and/or repeal of any rule or regulation necessary for the implemen-
38 tation of this act on its effective date are authorized and directed to
39 be made and completed on or before such effective date.
