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S05444 Summary:

S05444 Actions:

S05444 Committee Votes:

S05444 Floor Votes:

S05444 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5444
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       May 1, 2019
                                       ___________
 
        Introduced by Sen. SALAZAR -- (at request of the Department of State) --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Crime Victims, Crime and Correction
 
        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
        S. 5444                             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.