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S1445Senate2017-2018 SessionSame asA8000

Protect Voter Privacy for Survivors

Official title

“Relates to authorizing registration records of victims of sexual violence to be kept confidential in certain cases”

Status
In Assembly Committee
Election Law
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Election Law

What's happening

This bill allows victims of sexual violence to have their voter registration records kept confidential upon court order.

Why it matters

  1. Expands protections for sexual violence survivors. This bill specifically defines “victim of sexual violence” to include anyone harmed by offenses under New York’s sexual offenses law, ensuring a clear standard for eligibility.

  2. Addresses safety and privacy concerns. By allowing confidential voter registration, survivors can participate in elections without fear that their address or identity could be discovered by perpetrators or the public.

  3. Requires judicial oversight. A court order is necessary for confidentiality, introducing a safeguard to prevent misuse while ensuring genuine victims have access to this protection.

  4. Limits access to sensitive information. Even when records are kept confidential, election officials can access them only when necessary for official duties, balancing privacy with the need for election integrity.

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Who cares

Headline styles

Protect Voter Privacy for Survivors

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

History

  1. Referred to election law
  2. Delivered to assembly
  3. Passed senateVote 62–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.455
  7. Referred to elections
  8. Returned to senate
  9. Died in assembly
  10. Referred to election law
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.313
  4. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8000Assembly

Keep Victims’ Records Private

In Assembly Committee · Election Law · Sponsor Fred Thiele

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1445

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sens. FUNKE, GALLIVAN, SAVINO, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 5-508 of the election law is amended by adding a new paragraph (c) to read as follows:

(c) "Victim of sexual violence" means any person who is a victim of any offense under article one hundred thirty of the penal law.

§ 2. Section 5-508 of the election law is amended by adding a new subdivision 3 to read as follows:

3. Upon application made to the supreme court, in the county wherein a victim of sexual violence is registered pursuant to this article, the court may issue an order requiring that any registration record kept or maintained in accordance with this article with respect to such an individual be kept separate and apart from other registration records and not be made available for inspection or copying by the public or any other person, except election officials acting within the course and scope of their official duties and only as pertinent and necessary in connection therewith.

§ 3. 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04176-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

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 :

S.3131/A.5563 of 2015-2016; Passed Senate S.1685/A.8902 of 2014-2015; Passed Senate S.4073B 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.