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.
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.
