Bill Text: NY A05411 | 2015-2016 | General Assembly | Introduced

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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.

Sponsorship: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A05411 Detail]

Download: New_York-2015-A05411-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5411
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2015
                                      ___________
       Introduced by M. of A. PAULIN, ZEBROWSKI, GALEF, CLARK, JAFFEE, LINARES,
         STECK,  CROUCH,  McDONOUGH, RAIA, SALADINO -- Multi-Sponsored by -- M.
         of A. ABBATE, COOK, DUPREY, 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    S 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    S  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    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09192-01-5