-  This bill is not active in this session.
 

A07515 Summary:

BILL NOA07515
 
SAME ASSAME AS S05444
 
SPONSORCruz
 
COSPNSRTitus, Ortiz, Morinello, Abbate, Dickens, D'Urso, Miller MG, Colton, Lifton, Weprin, Sayegh, Simon, Hevesi, Jacobson, Ramos, Lawrence, Gottfried, Gunther, Braunstein, Jaffee, Blake, Ashby, Schmitt, Frontus, Glick, Griffin, Lavine, Rosenthal L, Buttenschon, Niou
 
MLTSPNSRCook, Englebright, Mikulin
 
Amd 108, Exec L
 
Relates to participation in the address confidentiality program; authorizes victims of sexual offenses, human trafficking and stalking to participate.
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A07515 Actions:

BILL NOA07515
 
05/08/2019referred to governmental operations
05/21/2019reported referred to codes
06/04/2019reported referred to ways and means
06/11/2019reported referred to rules
06/14/2019reported
06/14/2019rules report cal.284
06/14/2019ordered to third reading rules cal.284
06/18/2019substituted by s5444
 S05444 AMEND= SALAZAR
 05/01/2019REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
 05/07/2019REFERRED TO FINANCE
 05/14/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/14/2019ORDERED TO THIRD READING CAL.684
 05/14/2019PASSED SENATE
 05/14/2019DELIVERED TO ASSEMBLY
 05/14/2019referred to governmental operations
 06/18/2019substituted for a7515
 06/18/2019ordered to third reading rules cal.284
 06/18/2019passed assembly
 06/18/2019returned to senate
 07/30/2019DELIVERED TO GOVERNOR
 08/01/2019SIGNED CHAP.141
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A07515 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:05/21/2019AYE/NAY:14/0 Action: Favorable refer to committee Codes
TitusAyeJohnsAye
GalefAyeGoodellAye
GlickAyeLalorAye
KimAyeByrneAye
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:06/04/2019AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:06/11/2019AYE/NAY:33/0 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayAye
LentolAyeCrouchAye
SchimmingerAyeFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanAyeMontesanoAye
PretlowAyeRaAye
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAbsent
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Heastie DATE:06/14/2019AYE/NAY:25/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayExcused
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizExcusedGiglioAye
PretlowAyeMalliotakisAye
CookExcused
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryExcused
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

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A07515 Floor Votes:

There are no votes for this bill in this legislative session.
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A07515 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7515
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the executive law, in relation to participation in the address confidentiality program   PURPOSE OF THE BILL: This bill would expand the category of eligible participants in the NYS Address Confidentiality Program to include victims of sexual offenses, stalking, and human trafficking.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the opening paragraph of Section 108 of the Executive Law to provide that victims of sexual offenses, victims of stalking, and human trafficking victims will be eligible to participate in the Address Confidentiality Program. Section 2 of the bill amends subdivision 1, of Section 108 of the Execu- tive Law to add definitions of "victim of sexual offense," "victim of stalking" and "human trafficking victim". Section 3 of the bill amends paragraph (a) of subdivision 2 of Section 108 of the Executive Law to permit victims of sexual offenses, victims of stalking, and human trafficking victims to file an application to participate in the Address Confidentiality Program in the same manner as currently required for victims of domestic violence. Section 4 of the bill amends subdivision 3 of Section 108 of the Execu- tive Law to permit the Secretary of State to designate certain nonprofit agencies to assist victims of a sexual offense, victims of stalking, and human trafficking victims in applying to participate in the Address Confidentiality Program. Section 5 of the bill provides that the bill will be effective ninety days after it becomes a law.   JUSTIFICATION: This bill will help protect victims of sexual offenses, victims of stalking, and human trafficking victims by permitting their partic- ipation in the Address Confidential Program ("ACP"). This program was enacted by Chapter 502 of the Laws of 2011 to provide assistance to victims of domestic violence in keeping their actual address confiden- tial. Persons attempting to evade actual or threatened violence often move to a new address in order to hide from an assailant or potential assailant. Perpetrators of these acts are often tenacious in searching for their victims. The ACP is a cost-free initiative, administered by the Department of State, which currently allows victims of domestic violence to shield their actual new address from their abusers. Partic- ipants use a substitute address provided by the Department of State in lieu of their actual home, school or work address. The Department forwards legal process and mail to the confidential mailing address provided by the participant. At this time, approximately 2,400 individuals are participating in the ACP. Currently, participation in the ACP is limited to victims of domes- tic violence. However, many victims of sexual offenses, stalking or human trafficking also have a need for the benefits of an address confi- dentiality program, as these victims are also put in jeopardy when they are required to use their actual address. At least 29 other states have addressed this issue by permitting victims of sexual offenses, stalking or human trafficking to prticipate in their address confidentiality program in the same manner as victims of domestic violence. Based on information reported by such states, the Department of State estimates that participation in the ACP would ultimately increase by 30 percent as a result of this bill. Offering victims of sexual offenses, stalking and human trafficking the benefits of the ACP will help protect them from violence by assisting them to keep their actual addresses confidential.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: Following an initial startup period, the program expansion will require an increase in staffing and postage costs of approximately $50,000.   EFFECTIVE DATE: This bill carries an effective date of 90 days after it shall have become law.
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A07515 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7515
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2019
                                       ___________
 
        Introduced  by  M. of A. CRUZ, TITUS -- (at request of the Department of
          State) -- read once and referred  to  the  Committee  on  Governmental
          Operations
 
        AN  ACT  to amend the executive law, in relation to participation in the
          address confidentiality program
 
          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 added by chapter 502 of the laws of  2011,  is  amended  to  read  as
     3  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 a sexual
     7  offense and victims of stalking by authorizing  the  use  of  designated
     8  addresses  for  such victims and their minor children. The program shall
     9  be administered by the secretary of state.
    10    § 2. Subdivision 1 of section 108 of the executive law is  amended  by
    11  adding three new paragraphs (i), (j) and (k) to read as follows:
    12    (i)  "Victim of a sexual offense" means a victim of any act constitut-
    13  ing an offense as defined  under  article  one  hundred  thirty,  and/or
    14  sections  255.25, 255.26, and 255.27 of the penal law, including threats
    15  or attempts to commit such offenses.
    16    (j) "Victim of stalking" means a victim of  any  act  constituting  an
    17  offense  as  defined under sections 120.45, 120.50, 120.55 and 120.60 of
    18  the penal law.
    19    (k) "Victim of human trafficking" means a victim of any act constitut-
    20  ing an offense as defined  under  section  135.35,  135.37,  230.34,  or
    21  230.34-a of the penal law.
    22    §  3. Clauses (A) and (B) of subparagraph (i) and subparagraph (iv) of
    23  paragraph (a) of subdivision 2 of section 108 of the executive  law,  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09219-01-9

        A. 7515                             2
 
     1  added  by  chapter  502  of  the  laws  of  2011, are amended to read as
     2  follows:
     3    (A)  the  applicant,  or  the  minor  or incapacitated person on whose
     4  behalf the application is made, is a victim of domestic violence, victim
     5  of human trafficking, victim of a sexual offense, or victim of stalking;
     6    (B) the applicant, or the  minor  or  incapacitated  person  on  whose
     7  behalf the application is made, has left his or her residence because of
     8  such violence or acts;
     9    (iv)  the  actual address or addresses that the applicant requests not
    10  be disclosed because of the increased risk of domestic violence, a sexu-
    11  al offense, stalking, or physical injury; and
    12    § 4. Subdivision 3 of section 108 of the executive law,  as  added  by
    13  chapter 502 of the laws of 2011, is amended to read as follows:
    14    3.  Designation  of agencies to assist applicants. The secretary shall
    15  designate state, local or nonprofit agencies  that  provide  counseling,
    16  referral,  shelter  or other specialized services to victims of domestic
    17  violence, victims of human trafficking, victims of a sexual offense  and
    18  victims  of  stalking  to  assist persons applying to be program partic-
    19  ipants. Such persons providing assistance shall be trained by the secre-
    20  tary. Any assistance and counseling rendered by an officer of the secre-
    21  tary or his or her designees to applicants shall in no way be  construed
    22  as legal advice.
    23    §  5.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.
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A07515 LFIN:

 NO LFIN
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A07515 Chamber Video/Transcript:

6-18-19Video (@ 01:05:06)Transcript pdf Transcript html
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