BILL NUMBER: S3855

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing registra-
tion records of victims of sexual violence to be kept confidential in
certain cases

 
PURPOSE:

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 confi-
dentiality 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 applica-
tion, 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:

S.257/A.7617 Passed Senate

S.1445/A.8000 of 2017-18

S.3131/A.5563 of 2015-2016; Passed Senate

S.1685/A.8902 of 2014-2015; Passed Senate
S.40738 of 2011-2012; Passed Senate S.7424B/A.11014A of 2010; Passed
Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or before
such date.