Bill Text: NY S01451 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 1451 (Prior Session Legislation)

Introduced

Bill Title: Provides a private right of action against a person who intentionally discloses the identity of a victim of a sex crime.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S01451 Detail]

Download: New_York-2013-S01451-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1451
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN  ACT to amend the civil rights law, in relation to a private right of
         action for the intentional disclosure of the identity of a victim of a
         sex crime
         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  report,  paper,  picture,
    8  photograph,  court file or other documents, in the custody or possession
    9  of any public officer or employee, which identifies such a victim  shall
   10  be  made  available  for  public  inspection.  No such public officer or
   11  employee shall disclose any portion of any police report, court file, or
   12  other document, which tends to identify such a victim except as provided
   13  in subdivision two of this section.  WHERE ANY REPORT,  PAPER,  PICTURE,
   14  PHOTOGRAPH, COURT FILE, POLICE REPORT OR OTHER DOCUMENT WHICH IDENTIFIES
   15  OR  TENDS TO IDENTIFY SUCH VICTIM MAY BE SUFFICIENTLY REDACTED TO INSURE
   16  SUCH VICTIM IS NOT IDENTIFIED SUCH DOCUMENT MAY  BE  DISCLOSED  ONLY  TO
   17  ASSIST LAW ENFORCEMENT AUTHORITIES IN INVESTIGATING AND PROSECUTING SUCH
   18  OFFENSE.
   19    S  2. The opening paragraph of section 50-c of the civil rights law is
   20  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
   21  follows:
   22    2.    IF  THE IDENTITY OF THE VICTIM OF A SEX OFFENSE IS INTENTIONALLY
   23  DISCLOSED IN VIOLATION OF SECTION FIFTY-B OF THIS ARTICLE  AND  HAS  NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05632-01-3
       S. 1451                             2
    1  OTHERWISE  BEEN  DISCLOSED, THE VICTIM, OR IF THE VICTIM IS DECEASED THE
    2  VICTIM'S FAMILY, WHOSE IDENTITY WAS DISCLOSED MAY  BRING  AN  ACTION  TO
    3  RECOVER DAMAGES ACTUALLY SUFFERED BY REASON OF SUCH WRONGFUL DISCLOSURE.
    4  IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD REASONABLE
    5  ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
    6    S 3. This act shall take effect immediately.