Bill Text: NY A03841 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the disclosure and publication of the home address or unpublished home telephone number of any active or retired judge or prosecutor.

Spectrum: Bipartisan Bill

Status: (Introduced) 2025-01-30 - referred to governmental operations [A03841 Detail]

Download: New_York-2025-A03841-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3841

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 30, 2025
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, STERN, DeSTEFANO, MORINELLO, SIMON,
          SEAWRIGHT, COLTON, BRABENEC,  MILLER,  OTIS,  McDONOUGH,  BUTTENSCHON,
          WALSH,  SAYEGH  --  read once and referred to the Committee on Govern-
          mental Operations

        AN ACT to amend the public officers law, the penal  law  and  the  civil
          rights  law, in relation to prohibiting the disclosure and publication
          of the home address or unpublished home telephone number of any active
          or retired judge or prosecutor

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 89 of the public officers law is amended by adding
     2  a new subdivision 7-a to read as follows:
     3    7-a. Nothing in this article shall permit the disclosure  or  publica-
     4  tion  of  the  home  address or unpublished home telephone number of any
     5  active or retired judge or state or local prosecutor.
     6    § 2. The penal law is amended by adding two new  sections  250.61  and
     7  250.62 to read as follows:
     8  § 250.61 Unlawful  disclosure  of the address or telephone number of any
     9             active or retired judge or prosecutor in the second degree.
    10    No person shall not knowingly, with reckless disregard for the  proba-
    11  bility  of  exposure of another to harassment or risk of harm to life or
    12  property, disclose or post or publish on the internet the  home  address
    13  or  unpublished  home telephone number of any active or retired judge of
    14  any court of law of this state, or state, county or  municipal  prosecu-
    15  tor, or the spouse or child thereof.
    16    Unlawful  disclosure  of the address or telephone number of any active
    17  or retired judge or prosecutor in the second degree is a class A  misde-
    18  meanor.
    19  § 250.62 Unlawful  disclosure  of the address or telephone number of any
    20             active or retired judge or prosecutor in the first degree.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07219-01-5
        A. 3841                             2

     1    A person shall not knowingly, with intent to expose another to harass-
     2  ment or risk of harm to life or property, disclose, post or  publish  on
     3  the  internet  the  home address or unpublished home telephone number of
     4  any active or retired judge of any court of law of this state, or state,
     5  county or municipal prosecutor, or the spouse or child thereof.
     6    Unlawful  disclosure  of the address or telephone number of any active
     7  or retired judge or prosecutor in the first degree is a class E felony.
     8    § 3. The civil rights law is amended by adding a new section  50-h  to
     9  read as follows:
    10    §  50-h.  Disclosure  of  address or telephone number of any active or
    11  retired judge or prosecutor prohibited. 1. No person, business, or asso-
    12  ciation shall disclose or post or  publish  on  the  internet  the  home
    13  address  or  unpublished  home  telephone number of an active or retired
    14  judge of any court of law of this state, or any active or retired state,
    15  county or municipal prosecutor, or spouse or child thereof under circum-
    16  stances in which a reasonable person would believe that  providing  that
    17  information  would  expose another to harassment or risk of harm to life
    18  or property.
    19    2. A person, business, or association that violates subdivision one of
    20  this section shall be liable to the active or retired judge or  prosecu-
    21  tor,  or any other person residing at the home address of such active or
    22  retired judge or prosecutor, who may bring a civil action in the supreme
    23  court.
    24    3. The court may award:
    25    (a) actual damages, but not less than liquidated damages  computed  at
    26  the rate of one thousand dollars for each violation of this section;
    27    (b)  punitive  damages  upon proof of willful or reckless disregard of
    28  the law;
    29    (c) reasonable attorney's fees and other litigation  costs  reasonably
    30  incurred; and
    31    (d) any other preliminary and equitable relief as the court determines
    32  to be appropriate.
    33    4. For the purposes of this section, "disclose" shall mean to solicit,
    34  sell,  manufacture, give, provide, lend, trade, mail, deliver, transfer,
    35  publish, distribute, circulate, disseminate, present, exhibit, advertise
    36  or offer.
    37    § 4. This act shall take effect immediately.