Bill Text: NY S05103 | 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S05103 Detail]

Download: New_York-2015-S05103-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5103
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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  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