Bill Text: NY A05048 | 2023-2024 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-03-11 - REFERRED TO FINANCE [A05048 Detail]

Download: New_York-2023-A05048-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5048--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on  Governmental  Operations  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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:

     1    Section  1. The opening paragraph of section 108 of the executive law,
     2  as separately amended by chapters 222 and 521 of the laws  of  2022,  is
     3  amended to read as follows:
     4    There  is created in the office of the secretary of state a program to
     5  be known as the "address confidentiality program" to protect victims  of
     6  domestic  violence, victims of human trafficking, victims of kidnapping,
     7  victims of a sexual offense, victims of stalking, eligible  court  offi-
     8  cials  or  immediate  family  members of an eligible court official, and
     9  reproductive health  care  services  providers,  employees,  volunteers,
    10  patients,  or  immediate  family  members  of  reproductive  health care
    11  services providers by authorizing the use of  designated  addresses  for
    12  such  [victims]  individuals and their minor children. The program shall
    13  be administered by the secretary of state.
    14    § 2. Subdivision 1 of section 108 of the executive law is  amended  by
    15  adding a new paragraph (o) to read as follows:
    16    (o)  "Eligible  court  official"  and  "immediate  family member of an
    17  eligible court official" shall have the same meanings ascribed  to  such
    18  terms by section two hundred sixteen of the judiciary law.
    19    §  3.  Clauses  (A)  and  (B)  of subparagraph (i) of paragraph (a) of
    20  subdivision 2 of section 108 of the executive law, clause (A)  as  sepa-
    21  rately  amended  by  chapters  222 and 521, and clause (B) as amended by
    22  chapter 222 of the laws of 2022, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04240-02-3
        A. 5048--A                          2

     1    (A) the applicant, or the  minor  or  incapacitated  person  on  whose
     2  behalf the application is made, is a victim of domestic violence, victim
     3  of  human trafficking, victim of kidnapping, victim of a sexual offense,
     4  victim of stalking, eligible court official or immediate  family  member
     5  of  an  eligible  court official, or a reproductive health care services
     6  provider, employee, volunteer, patient, or an immediate family member of
     7  a reproductive health care services provider;
     8    (B) the applicant, or the  minor  or  incapacitated  person  on  whose
     9  behalf the application is made, has left his or her residence because of
    10  such violence or acts, provided, however, this clause shall not apply if
    11  the  applicant  is a eligible court official, immediate family member of
    12  an eligible court official,  or  a  reproductive  health  care  services
    13  provider, employee, volunteer, patient, or an immediate family member of
    14  a reproductive health care services provider;
    15    §  4.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
    16  108 of the executive law, as amended by chapter 222 of the laws of 2022,
    17  is amended to read as follows:
    18    (iv) the actual address or addresses that the applicant  requests  not
    19  be disclosed because of the increased risk of domestic violence, a sexu-
    20  al  offense, stalking, physical injury or in the case of [a] an eligible
    21  court official and their  immediate  family  member  or  a  reproductive
    22  health care services provider, employee, volunteer, patient, or an imme-
    23  diate  family  member  of  a reproductive health care services provider,
    24  other threats of violence; and
    25    § 5. Section 216 of the judiciary law  is  amended  by  adding  a  new
    26  subdivision 7 to read as follows:
    27    7. (a) The chief administrator of the courts shall promulgate guidance
    28  in  accordance  with  the  provisions  of this subdivision regarding the
    29  circumstances under which a court official or immediate family member of
    30  a court official qualify as an "eligible court official"  or  "immediate
    31  family member of an eligible court official" allowing such individual to
    32  apply  for  an address confidentiality program under section one hundred
    33  eight of the executive law and/or section 5-508 of the election law.
    34    (b) The following court officials shall be included  in  the  guidance
    35  promulgated pursuant to this subdivision:
    36    (i)  judges  and  justices  presiding in courts within the state or in
    37  federal court;
    38    (ii) clerks of such courts;
    39    (iii) attorneys serving in or routinely appearing before such courts;
    40    (iv) any other court personnel of such courts  as  determined  by  the
    41  chief administrator of the courts; and
    42    (v)  the  immediate  family  members  of  the individuals described in
    43  subparagraphs (i) through (iv) of this paragraph. For  the  purposes  of
    44  this  subdivision  "immediate  family  member"  shall  mean a current or
    45  former spouse, current or former domestic  partner,  parent,  child,  or
    46  sibling, or any other person who regularly resides in the same household
    47  of such court official.
    48    (c) A court official or an immediate family member of a court official
    49  shall  be  considered  an "eligible court official" or "immediate family
    50  member of an eligible court official" where such official or their imme-
    51  diate family member:
    52    (i) has been subjected to a threat of injury;
    53    (ii) has been subjected to conduct that would  constitute  an  offense
    54  involving  harassment, stalking, assault, or other similar conduct under
    55  the penal law; or
        A. 5048--A                          3

     1    (iii) has cited an identifiable and likely risk of physical injury  to
     2  such official or their immediate family member; and
     3    (iv) the circumstances described in subparagraphs (i) through (iii) of
     4  this subdivision were or are directly related, or reasonably believed to
     5  be directly related, to such official's role as a court official.
     6    §  6. Subdivision 1 of section 5-508 of the election law is amended by
     7  adding a new paragraph (b) to read as follows:
     8    (b) "Eligible court official"  and  "immediate  family  member  of  an
     9  eligible  court  official" shall have the same meanings ascribed to such
    10  terms by section two hundred sixteen of the judiciary law.
    11    § 7. Section 5-508 of the election law is  amended  by  adding  a  new
    12  subdivision 3 to read as follows:
    13    3.  (a)  An  eligible  court official or immediate family member of an
    14  eligible court official may deliver to the board of  elections,  in  the
    15  county wherein such individual is registered or intends to be registered
    16  pursuant  to this article, in person or by mail, a signed written state-
    17  ment swearing or affirming that such person is an eligible  court  offi-
    18  cial or immediate family member of an eligible court official.
    19    (b)  Upon  an  application  made to the board of elections pursuant to
    20  paragraph (a) of this subdivision, the board of elections  shall  ensure
    21  that  any registration record kept or maintained in accordance with this
    22  article and any other records with respect to such eligible court  offi-
    23  cial  or  immediate  family member of an eligible court official be kept
    24  separate and apart from other such records and not be made available for
    25  inspection or copying by the public or any other person, except election
    26  officials acting within the scope of their official duties and  only  as
    27  pertinent  and necessary in connection therewith. The confidentiality of
    28  such registration records shall begin upon  the  board's  acceptance  of
    29  such  sworn  statement and continue for four years from such date. A new
    30  application may be made prior to the expiration of such four-year  peri-
    31  od.
    32    §  8.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law.    Effective  immediately,  the  addition,  amendment
    34  and/or repeal of any rule or regulation necessary for the implementation
    35  of  this  act  on  its  effective  date  are  authorized  to be made and
    36  completed on or before such effective date.