Bill Text: NY A01033 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1033 (Prior Session Legislation)

Introduced

Bill Title: Limits who may bring a private right of action for identifying a victim of a sex offense; only brought by the victim where the information has not otherwise been publicly disclosed.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2018-08-10 - enacting clause stricken [A01033 Detail]

Download: New_York-2017-A01033-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1033
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
                                       ___________
        Introduced  by M. of A. PAULIN, ZEBROWSKI, GALEF, JAFFEE, STECK, CROUCH,
          McDONOUGH, RAIA, SALADINO, FAHY, HOOPER -- Multi-Sponsored by -- M. of
          A. ABBATE, COOK, HIKIND -- read once and referred to the Committee  on
          Judiciary
        AN  ACT  to  amend the civil rights law, in relation to limiting who may
          bring a private right of action for identifying  a  victim  of  a  sex
          offense
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 50-b of the civil rights  law,  as
     2  amended  by  chapter  320  of  the  laws  of 2006, is amended to read as
     3  follows:
     4    1. The identity of any victim of a sex offense, as defined in  article
     5  one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
     6  or of an offense involving the alleged transmission of the human immuno-
     7  deficiency  virus,  shall  be  confidential.  No  portion of any report,
     8  paper, picture, photograph, court file or other documents, in the custo-
     9  dy or possession of any public officer  or  employee,  which  identifies
    10  such  a  victim  shall  be made available for public inspection. No such
    11  public officer or employee shall disclose  any  portion  of  any  police
    12  report,  court  file,  or other document, which tends to identify such a
    13  victim except as provided in subdivision two of this section.
    14    § 2. Section 50-c of the civil rights law, as amended by  chapter  643
    15  of the laws of 1999, is amended to read as follows:
    16    §  50-c.  Private right of action. If the identity of the victim of an
    17  offense defined in subdivision one of section fifty-b of this article is
    18  disclosed in violation of such section,  [any  person  injured  by  such
    19  disclosure]  and  has not otherwise been publicly disclosed, such victim
    20  may bring an action to recover damages suffered by reason of such wrong-
    21  ful disclosure. In any action brought under this section, the court  may
    22  award reasonable attorney's fees to a prevailing plaintiff.
    23    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06151-01-7