STATE OF NEW YORK
________________________________________________________________________
7515
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
___________
Introduced by M. of A. CRUZ, TITUS -- (at request of the Department of
State) -- read once and referred to the Committee on Governmental
Operations
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:
1 Section 1. The opening paragraph of section 108 of the executive law,
2 as added by chapter 502 of the laws of 2011, is amended to read as
3 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 a sexual
7 offense and victims of stalking by authorizing the use of designated
8 addresses for such victims and their minor children. The program shall
9 be administered by the secretary of state.
10 § 2. Subdivision 1 of section 108 of the executive law is amended by
11 adding three new paragraphs (i), (j) and (k) to read as follows:
12 (i) "Victim of a sexual offense" means a victim of any act constitut-
13 ing an offense as defined under article one hundred thirty, and/or
14 sections 255.25, 255.26, and 255.27 of the penal law, including threats
15 or attempts to commit such offenses.
16 (j) "Victim of stalking" means a victim of any act constituting an
17 offense as defined under sections 120.45, 120.50, 120.55 and 120.60 of
18 the penal law.
19 (k) "Victim of human trafficking" means a victim of any act constitut-
20 ing an offense as defined under section 135.35, 135.37, 230.34, or
21 230.34-a of the penal law.
22 § 3. Clauses (A) and (B) of subparagraph (i) and subparagraph (iv) of
23 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
A. 7515 2
1 added by chapter 502 of the laws of 2011, are amended to read as
2 follows:
3 (A) the applicant, or the minor or incapacitated person on whose
4 behalf the application is made, is a victim of domestic violence, victim
5 of human trafficking, victim of a sexual offense, or victim of stalking;
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;
9 (iv) the actual address or addresses that the applicant requests not
10 be disclosed because of the increased risk of domestic violence, a sexu-
11 al offense, stalking, or physical injury; and
12 § 4. Subdivision 3 of section 108 of the executive law, as added by
13 chapter 502 of the laws of 2011, is amended to read as follows:
14 3. Designation of agencies to assist applicants. The secretary shall
15 designate state, local or nonprofit agencies that provide counseling,
16 referral, shelter or other specialized services to victims of domestic
17 violence, victims of human trafficking, victims of a sexual offense and
18 victims of stalking to assist persons applying to be program partic-
19 ipants. Such persons providing assistance shall be trained by the secre-
20 tary. Any assistance and counseling rendered by an officer of the secre-
21 tary or his or her designees to applicants shall in no way be construed
22 as legal advice.
23 § 5. This act shall take effect on the ninetieth day after it shall
24 have become a law.