BILL NUMBER:S3131

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 OF 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
the records.

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
2014 -- 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.