NY State Senate Bill 2023-S7494

Senate Bill S7494

2023-2024 Legislative Session

Relates to enrollment eligibility for federal, state and local court officials and their immediate families in the address confidentiality program

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
May 31, 2023	referred to finance

co-Sponsors

2023-S7494 (ACTIVE) - Details

See Assembly Version of this Bill:: A5048
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §108, Exec L; amd §216, Judy L; amd §5-508, El L

2023-S7494 (ACTIVE) - Summary

Permits enrollment eligibility for federal, state and local court officials and their immediate families in the address confidentiality program to protect judicial officers.

2023-S7494 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7494

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, the judiciary law and the election
law, in relation to address confidentiality to federal, state and local
court officials and their immediate families

 
PURPOSE:

Relates to enrollment eligibility for certain court officials or their
immediate family members in the address confidentiality program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The opening paragraph of section 108 of the executive law, as
separately amended by chapters 222 and 521 of the laws of 2022, is
amended to include eligible court officials or immediate family members
of an eligible court official.

Section 2. Provides that "eligible court official" and "immediate family

member of an eligible court official" shall have the same meaning as
ascribed to such terms by Section 216 of the Judiciary Law.

Section 3. Clauses (A) and (B) of subparagraph (i) of paragraph (a) of
subdivision 2 of section 108 of the executive law, clause (A) as sepa-
rately amended by chapters 222 and 521, and clause (B) as amended by
chapter 222 of the laws of 2022, are amended to include eligible court
officials or immediate family members of an eligible court official.

Section 4. Subparagraph (iv) of paragraph (a) of subdivision 2 of
section 108 of the executive law, as amended by chapter 222 of the laws
of 2022, to include an eligible court official and their immediate fami-
ly member.

Section 5. Section 216 of the Judiciary Law is amended by adding a new
subdivision seven providing for the Chief Administrator of the Courts to
promulgate guidance.

Section 6. Section 5-508 of the Election Law is amended to include
corresponding definitions of "eligible court official" and "immediate
family member of an eligible court official."

Section 7. Section 5-508 of the Election Law is amended to add a new
subdivision three providing that upon an application made to the board
of elections, the board of elections shall ensure that voter registra-
tion of an eligible court official or their immediate family member
remains confidential.

Section 8. Sets forth the effective date.

 
JUSTIFICATION:

All across the country today, there is heightened sensitivity to the
risks judges and others working in and around the courts regularly face.
Every year, there are literally thousands of threats made against judges
and other court officials nationwide

Recently, the husband and son of a New Jersey Federal District Court
Judge were shot at the Judge's home by a disgruntled attorney. The son
died. Evidence has come to light that the killer also had his sights on
a.US Supreme Court Justice. Even before this terrible incident, however,
many states had begun considering and enacting legislation to provide
judges with greater security by protecting their addresses, information
regarding family members, and financial information. Illinois, Califor-
nia, and Texas are among the states that already have passed such legis-
lation. Other states are seeking to do likewise as is the Federal
government. Such action has been strongly urged by the American Bar
Association.

This measure would amend the executive law to authorize the inclusion of
federal, state and local judges and justices in the address confiden-
tiality program. This bill will improve the safety and security of judg-
es of the courts of the Unified Court System and of the Federal courts
sitting in New York state.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall take effect in ninety days, provided, however, effective
immediately the addition, amendment and/or repeal of any guidance, rule,
or regulation necessary for the implementation of this act are author-
ized to be made and completed are authorized to be made and completed on
or before such effective date.

2023-S7494 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7494
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the judiciary law  and  the  election
   law,  in  relation  to  address  confidentiality to federal, state and
   local court officials and their immediate families

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of section 108 of the executive law,
 as separately amended by chapters 222 and 521 of the laws  of  2022,  is
 amended to read as follows:
   There  is created in the office of the secretary of state a program to
 be known as the "address confidentiality program" to protect victims  of
 domestic  violence, victims of human trafficking, victims of kidnapping,
 victims of a sexual offense, victims of stalking, ELIGIBLE  COURT  OFFI-
 CIALS  OR  IMMEDIATE  FAMILY  MEMBERS OF AN ELIGIBLE COURT OFFICIAL, and
 reproductive health  care  services  providers,  employees,  volunteers,
 patients,  or  immediate  family  members  of  reproductive  health care
 services providers by authorizing the use of  designated  addresses  for
 such  [victims]  INDIVIDUALS and their minor children. The program shall
 be administered by the secretary of state.
   § 2. Subdivision 1 of section 108 of the executive law is  amended  by
 adding a new paragraph (o) to read as follows:
   (O)  "ELIGIBLE  COURT  OFFICIAL"  AND  "IMMEDIATE  FAMILY MEMBER OF AN
 ELIGIBLE COURT OFFICIAL" SHALL HAVE THE SAME MEANINGS ASCRIBED  TO  SUCH
 TERMS BY SECTION TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
   §  3.  Clauses  (A)  and  (B)  of subparagraph (i) of paragraph (a) of
 subdivision 2 of section 108 of the executive law, clause (A)  as  sepa-
 rately  amended  by  chapters  222 and 521, and clause (B) as amended by
 chapter 222 of the laws of 2022, are amended to read as follows:
   (A) the applicant, or the  minor  or  incapacitated  person  on  whose
 behalf the application is made, is a victim of domestic violence, victim
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04240-03-3

 S. 7494                             2
 
 of  human trafficking, victim of kidnapping, victim of a sexual offense,
 victim of stalking, ELIGIBLE COURT OFFICIAL OR IMMEDIATE  FAMILY  MEMBER
 OF  AN  ELIGIBLE  COURT OFFICIAL, or a reproductive health care services
 provider, employee, volunteer, patient, or an immediate family member of
 a reproductive health care services provider;
   (B)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, has left his or her residence because of
 such violence or acts, provided, however, this clause shall not apply if
 the applicant is a ELIGIBLE COURT OFFICIAL, IMMEDIATE FAMILY  MEMBER  OF
 AN  ELIGIBLE  COURT  OFFICIAL,  OR  A  reproductive health care services
 provider, employee, volunteer, patient, or an immediate family member of
 a reproductive health care services provider;
   § 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
 108 of the executive law, as amended by chapter 222 of the laws of 2022,
 is amended to read as follows:
   (iv)  the  actual address or addresses that the applicant requests not
 be disclosed because of the increased risk of domestic violence, a sexu-
 al offense, stalking, physical injury or in the case of [a] AN  ELIGIBLE
 COURT  OFFICIAL  AND  THEIR  IMMEDIATE  FAMILY  MEMBER OR A reproductive
 health care services provider, employee, volunteer, patient, or an imme-
 diate family member of a reproductive  health  care  services  provider,
 other threats of violence; and
   §  5.  Section  216  of  the  judiciary law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE GUIDANCE
 IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SUBDIVISION  REGARDING  THE
 CIRCUMSTANCES UNDER WHICH A COURT OFFICIAL OR IMMEDIATE FAMILY MEMBER OF
 A  COURT  OFFICIAL QUALIFY AS AN "ELIGIBLE COURT OFFICIAL" OR "IMMEDIATE
 FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL" ALLOWING SUCH INDIVIDUAL TO
 APPLY FOR AN ADDRESS CONFIDENTIALITY PROGRAM UNDER SECTION  ONE  HUNDRED
 EIGHT OF THE EXECUTIVE LAW AND/OR SECTION 5-508 OF THE ELECTION LAW.
   (B)  THE  FOLLOWING  COURT OFFICIALS SHALL BE INCLUDED IN THE GUIDANCE
 PROMULGATED PURSUANT TO THIS SUBDIVISION:
   (I) JUDGES AND JUSTICES PRESIDING IN COURTS WITHIN  THE  STATE  OR  IN
 FEDERAL COURT;
   (II) CLERKS OF SUCH COURTS;
   (III) ATTORNEYS SERVING IN OR ROUTINELY APPEARING BEFORE SUCH COURTS;
   (IV)  ANY  OTHER  COURT  PERSONNEL OF SUCH COURTS AS DETERMINED BY THE
 CHIEF ADMINISTRATOR OF THE COURTS; AND
   (V) THE IMMEDIATE FAMILY  MEMBERS  OF  THE  INDIVIDUALS  DESCRIBED  IN
 SUBPARAGRAPHS  (I)  THROUGH  (IV) OF THIS PARAGRAPH. FOR THE PURPOSES OF
 THIS SUBDIVISION "IMMEDIATE FAMILY  MEMBER"  SHALL  MEAN  A  CURRENT  OR
 FORMER  SPOUSE,  CURRENT  OR  FORMER DOMESTIC PARTNER, PARENT, CHILD, OR
 SIBLING, OR ANY OTHER PERSON WHO REGULARLY RESIDES IN THE SAME HOUSEHOLD
 OF SUCH COURT OFFICIAL.
   (C) A COURT OFFICIAL OR AN IMMEDIATE FAMILY MEMBER OF A COURT OFFICIAL
 SHALL BE CONSIDERED AN "ELIGIBLE COURT OFFICIAL"  OR  "IMMEDIATE  FAMILY
 MEMBER OF AN ELIGIBLE COURT OFFICIAL" WHERE SUCH OFFICIAL OR THEIR IMME-
 DIATE FAMILY MEMBER:
   (I) HAS BEEN SUBJECTED TO A THREAT OF INJURY;
   (II)  HAS  BEEN  SUBJECTED TO CONDUCT THAT WOULD CONSTITUTE AN OFFENSE
 INVOLVING HARASSMENT, STALKING, ASSAULT, OR OTHER SIMILAR CONDUCT  UNDER
 THE PENAL LAW; OR
   (III)  HAS CITED AN IDENTIFIABLE AND LIKELY RISK OF PHYSICAL INJURY TO
 SUCH OFFICIAL OR THEIR IMMEDIATE FAMILY MEMBER; AND
 S. 7494                             3
 
   (IV) THE CIRCUMSTANCES DESCRIBED IN SUBPARAGRAPHS (I) THROUGH (III) OF
 THIS SUBDIVISION WERE OR ARE DIRECTLY RELATED, OR REASONABLY BELIEVED TO
 BE DIRECTLY RELATED, TO SUCH OFFICIAL'S ROLE AS A COURT OFFICIAL.
   §  6. Subdivision 1 of section 5-508 of the election law is amended by
 adding a new paragraph (c) to read as follows:
   (C) "ELIGIBLE COURT OFFICIAL"  AND  "IMMEDIATE  FAMILY  MEMBER  OF  AN
 ELIGIBLE  COURT  OFFICIAL" SHALL HAVE THE SAME MEANINGS ASCRIBED TO SUCH
 TERMS BY SECTION TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
   § 7. Section 5-508 of the election law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  (A)  AN  ELIGIBLE  COURT OFFICIAL OR IMMEDIATE FAMILY MEMBER OF AN
 ELIGIBLE COURT OFFICIAL MAY DELIVER TO THE BOARD OF  ELECTIONS,  IN  THE
 COUNTY WHEREIN SUCH INDIVIDUAL IS REGISTERED OR INTENDS TO BE REGISTERED
 PURSUANT  TO THIS ARTICLE, IN PERSON OR BY MAIL, A SIGNED WRITTEN STATE-
 MENT SWEARING OR AFFIRMING THAT SUCH PERSON IS AN ELIGIBLE  COURT  OFFI-
 CIAL OR IMMEDIATE FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL.
   (B)  UPON  AN  APPLICATION  MADE TO THE BOARD OF ELECTIONS PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD OF ELECTIONS  SHALL  ENSURE
 THAT  ANY REGISTRATION RECORD KEPT OR MAINTAINED IN ACCORDANCE WITH THIS
 ARTICLE AND ANY OTHER RECORDS WITH RESPECT TO SUCH ELIGIBLE COURT  OFFI-
 CIAL  OR  IMMEDIATE  FAMILY MEMBER OF AN ELIGIBLE COURT OFFICIAL BE KEPT
 SEPARATE AND APART FROM OTHER SUCH RECORDS AND NOT BE MADE AVAILABLE FOR
 INSPECTION OR COPYING BY THE PUBLIC OR ANY OTHER PERSON, EXCEPT ELECTION
 OFFICIALS ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AND  ONLY  AS
 PERTINENT  AND NECESSARY IN CONNECTION THEREWITH. THE CONFIDENTIALITY OF
 SUCH REGISTRATION RECORDS SHALL BEGIN UPON  THE  BOARD'S  ACCEPTANCE  OF
 SUCH  SWORN  STATEMENT AND CONTINUE FOR FOUR YEARS FROM SUCH DATE. A NEW
 APPLICATION MAY BE MADE PRIOR TO THE EXPIRATION OF SUCH FOUR-YEAR  PERI-
 OD.
   §  8.  This  act shall take effect on the ninetieth 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  are  authorized  to be made and
 completed on or before such effective date.

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Senate Bill S7494

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Sponsored By

Brad Hoylman-Sigal