Directs secretary of state to accept service of process and mail on behalf of victims of domestic violence wishing to keep their location secret

2 Co-sponsors

• Martin Malavé Dilan
• Ruth Hassell-Thompson

Title of bill

An act to amend the executive law, in relation to authorizing the secretary of state to accept service of process and receipt of mail on behalf of victims of domestic violence for the purpose of maintaining the confidentiality of the location of such victims

Purpose of bill

Directs the Secretary of State to accept service of process and mail on behalf of victims of domestic violence wishing to keep their location secret.

Summary of provisions of bill

Adds a new section 108 to the Executive Law to allow victims of domestic violence to designate the Secretary of State as their agent for purposes of service of process and receipt of mail.

Justification

An individual who has been forced to leave their actual address as a result of domestic violence should be afforded the opportunity to keep their address confidential in an effort to prevent against the threat of physical harm to themselves and/or their children. This legislation would provide victims the ability to have their mailing address remain anonymous. Upon receipt by the Secretary of State of a process or mail for a victim of domestic violence, the Department shall immediately forward such process or mail to the victim of domestic violence. The Secretary of State is authorized and directed to promulgate all necessary rules and regulations for the implementation of this program and may utilize post office boxes for this program.

Legislative history

2007-08; A.2990- Passed Assembly 2006; A.11362-A- Passed Assembly 2003-04; A.4299- Assembly Gov. Ops. 2001-02; A.7737- Assembly Gov. Ops. 2000; A.9864 (Hochberg)- Assembly Gov. Ops.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the first day of January next succeeding the date on which shall have become a law.