§ 5-508 — Confidentiality of registration records in certain cases

§ 5-508. Confidentiality of registration records in certain cases. 1.\nFor purposes of this section:\n (a) "Victim of domestic violence" means any person who is a victim of\na violent felony, as defined in section 70.02 of the penal law, or\ndisorderly conduct, harassment in the first degree, harassment in the\nsecond degree, aggravated harassment in the second degree, aggravated\nharassment in the third degree, stalking in the fourth degree, criminal\nmischief, menacing in the second degree, menacing in the third degree,\nreckless endangerment, assault in the third degree or an attempted\nassault; and\n (i) such act or acts have resulted in actual physical or emotional\ninjury or have created a substantial risk of physical or emotional harm\nto such person or such person's child; and\n (ii) such act or acts are or are alleged to have been committed by a\nfamily or household member.\n (b) "Family or household members" mean the following individuals:\n (i) persons related by consanguinity or affinity;\n (ii) persons legally married to one another;\n (iii) persons formerly married to one another regardless of whether\nthey still reside in the same household;\n (iv) persons who have a child in common regardless of whether such\npersons are married or have lived together at any time;\n (v) persons who are not related by consanguinity or affinity and who\nare or have been in an intimate relationship regardless of whether such\npersons have lived together at any time. Factors the court may consider\nin determining whether a relationship is an "intimate relationship"\ninclude but are not limited to: the nature or type of relationship,\nregardless of whether the relationship is sexual in nature; the\nfrequency of interaction between the persons; and the duration of the\nrelationship. Neither a casual acquaintance nor ordinary fraternization\nbetween two individuals in business or social contexts shall be deemed\nto constitute an "intimate relationship".\n 2. (a) A victim of domestic violence or any person who is a victim of\na crime defined in article one hundred thirty of the penal law may\ndeliver to the board of elections, in the county wherein such victim of\ndomestic violence or victim of a crime defined in article one hundred\nthirty of the penal law is registered or intends to be registered\npursuant to this article, in person or by mail, a signed written\nstatement swearing or affirming:\n (i) that such person is the victim of domestic violence or victim of a\ncrime defined in article one hundred thirty of the penal law; and\n (ii) that because of the threat of physical or emotional harm to\nthemself or to family or household members, such person wishes for their\nregistration record to be kept confidential.\n (b) Upon application made to the board of elections pursuant to\nparagraph (a) of this subdivision, the board of elections shall ensure\nthat any registration record kept or maintained in accordance with this\narticle and any other records with respect to such victim of domestic\nviolence be kept separate and apart from other such records and not be\nmade available for inspection or copying by the public or any other\nperson, except election officials acting within the course and scope of\ntheir official duties and only as pertinent and necessary in connection\ntherewith. The confidentiality of such registration records shall begin\nupon the board's acceptance of such sworn statement and continue for\nfour years from such date. A new application may be made prior to the\nexpiration of such four year period.\n