Bill Text: NY A02788 | 2011-2012 | General Assembly | Introduced

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Bill Title: Protects the right of privacy of victims of sex offenses or offenses involving the transmission of the HIV virus, who are under the age of 18; provides that the gender and address of victims under the age of eighteen be kept confidential.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in governmental operations [A02788 Detail]

Download: New_York-2011-A02788-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2788
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by  M.  of A. CROUCH, KOLB, GIGLIO, BARCLAY, DUPREY, HAWLEY,
         OAKS -- read once and referred to the Committee on Governmental  Oper-
         ations
       AN  ACT  to  amend  the  civil rights law, in relation to protecting the
         right of privacy of victims of sex offenses or offenses involving  the
         transmission  of  the  human  immunodeficiency virus, under the age of
         eighteen, by prohibiting the disclosure of certain characteristics
         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.  ANY CHARACTERISTIC OF A PERSON
    8  UNDER THE AGE OF EIGHTEEN INCLUDING, BUT NOT LIMITED TO, AGE  OR  GENDER
    9  AND  SUCH  PERSON'S  ADDRESS  SHALL  BE CONFIDENTIAL. ADDITIONALLY, IF A
   10  VICTIM IS UNDER THE AGE OF EIGHTEEN AND IS RELATED TO THE  ACCUSED,  THE
   11  RELATION  SHALL  BE CONFIDENTIAL. No report, paper, picture, photograph,
   12  court file or other documents, in  the  custody  or  possession  of  any
   13  public officer or employee, which identifies such a victim shall be made
   14  available  for  public  inspection.  No  such public officer or employee
   15  shall disclose any portion of any police report, court  file,  or  other
   16  document,  which  tends  to identify such a victim except as provided in
   17  subdivision two of this section.
   18    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04561-01-1