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S09975 Summary:

BILL NOS09975
 
SAME ASNo Same As
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Amd §89, Pub Off L; add §§250.61 & 250.62, Pen L; add §50-h, Civ Rts L
 
Prohibits the disclosure of the home address, personal telephone numbers, personal email addresses or personal social media handles of any active or former New York state, New York city or local municipal emergency first responder, a judge of any court of law of this state, or a New York state, county or municipal prosecutor or the spouse or child thereof; relates to criminal penalties; permits civil action.
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S09975 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9975
 
                    IN SENATE
 
                                     April 20, 2026
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and Government 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,  personal  telephone  numbers,  personal email
          addresses, or social media handles of any active or  former  New  York
          state,  New  York city or local municipal emergency first responder, a
          judge of any court of law of this state, or a New York  state,  county
          or municipal 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. (a) Nothing in this article shall permit the disclosure or publi-
     4  cation  of  the home address, personal telephone numbers, personal email
     5  addresses, or personal social media handles of any active or former  New
     6  York  state, New York city or local municipal emergency first responder,
     7  a judge of any court of law of this state, or a New York  state,  county
     8  or municipal prosecutor.
     9    (b)  "First  responder"  or  "New  York state, New York city, or local
    10  municipal emergency first responder" shall mean a police officer,  peace
    11  officer,  firefighter, emergency medical technician, paramedic, or other
    12  emergency medical services provider engaged in the lawful performance of
    13  their official duties.
    14    § 2. The penal law is amended by adding two new  sections  250.61  and
    15  250.62 to read as follows:
    16  § 250.61 Unlawful  disclosure  of  the  home address, personal telephone
    17             numbers, personal email addresses or  personal  social  media
    18             handles of any active or former New York state, New York city
    19             or  local municipal emergency first responder, a judge of any
    20             court of law of this state, or a New York  state,  county  or
    21             municipal prosecutor in the second degree.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15605-01-6

        S. 9975                             2
 
     1    For  the  purposes  of  this  section,  "first responder" or "New York
     2  state, New York city or local municipal emergency first responder" shall
     3  mean a police officer, peace  officer,  firefighter,  emergency  medical
     4  technician,  paramedic,  or  other  emergency  medical services provider
     5  engaged in the lawful performance of their official duties.
     6    A  person  shall not knowingly, with reckless disregard for the proba-
     7  bility of exposure of another to harassment or risk of harm to  life  or
     8  property, disclose or post or publish in any way including on the inter-
     9  net  the  home  address,  personal  telephone  numbers,  personal  email
    10  addresses or personal social media handles of any active or  former  New
    11  York  state, New York city or local municipal emergency first responder,
    12  a judge of any court of law of this state, or a state, county or munici-
    13  pal prosecutor.
    14    Unlawful disclosure of the home address, personal  telephone  numbers,
    15  personal  email addresses or personal social media handles of any active
    16  or former New York state, New York city  or  local  municipal  emergency
    17  first  responder,  a  judge  of any court of law of this state, or a New
    18  York state, county or municipal prosecutor in the  second  degree  is  a
    19  class A misdemeanor.
    20  § 250.62 Unlawful  disclosure  of  the  home address, personal telephone
    21             numbers, personal email addresses, or personal  social  media
    22             handles of any active or former New York state, New York city
    23             or  local municipal emergency first responder, a judge of any
    24             court of law of this state, or a New York  state,  county  or
    25             municipal  prosecutor,  or the spouse or child thereof in the
    26             first degree.
    27    For the purposes of this  section,  "first  responder"  or  "New  York
    28  state, New York city or local municipal emergency first responder" shall
    29  mean  a  police  officer,  peace officer, firefighter, emergency medical
    30  technician, paramedic, or  other  emergency  medical  services  provider
    31  engaged in the lawful performance of their official duties.
    32    A person shall not knowingly, with intent to expose another to harass-
    33  ment  or  risk of harm to life or property, disclose, post or publish in
    34  any way including on the internet the home address,  personal  telephone
    35  numbers,  personal  email addresses, or personal social media handles of
    36  any active or former New York state, New York city  or  local  municipal
    37  emergency first responder, a judge of any court of law of this state, or
    38  a New York state, county or municipal prosecutor, or the spouse or child
    39  thereof.
    40    Unlawful  disclosure  of the home address, personal telephone numbers,
    41  personal email addresses, or personal social media handles of any active
    42  or former New York state, New York city  or  local  municipal  emergency
    43  first  responder,  a  judge  of any court of law of this state, or a New
    44  York state, county or municipal prosecutor, or the spouse or child ther-
    45  eof in the first degree is a class E felony.
    46    § 3. The civil rights law is amended by adding a new section  50-h  to
    47  read as follows:
    48    §  50-h.  Disclosure  of the home address, personal telephone numbers,
    49  personal email addresses, or personal social media handles of any active
    50  or former New York state, New York city  or  local  municipal  emergency
    51  first  responder,  a  judge  of any court of law of this state, or a New
    52  York state, county or municipal prosecutor is  prohibited.  1.  For  the
    53  purposes of this section:
    54    (a)  "First  responder"  or  "New  York  state, New York city or local
    55  municipal emergency first responder" shall mean a police officer,  peace
    56  officer,  firefighter, emergency medical technician, paramedic, or other

        S. 9975                             3
 
     1  emergency medical services provider engaged in the lawful performance of
     2  official duties.
     3    (b)  "Disclose"  shall  mean  to  solicit,  sell,  manufacture,  give,
     4  provide, lend, trade,  mail,  deliver,  transfer,  publish,  distribute,
     5  circulate, disseminate, present, exhibit, advertise or offer.
     6    2.  No  person,  business,  or  association  shall disclose or post or
     7  publish in any way including on the internet the home address,  personal
     8  telephone  numbers,  personal  email addresses, or personal social media
     9  handles of an active or former New York state, New York  city  or  local
    10  municipal emergency first responder, a judge of any court of law of this
    11  state,  or a New York state, county or municipal prosecutor or spouse or
    12  child thereof under circumstances in which  a  reasonable  person  would
    13  believe  that providing that information would expose another to harass-
    14  ment or risk of harm to life or property.
    15    3. A person, business, or association that violates subdivision two of
    16  this section shall be liable to the active or former New York state, New
    17  York city or local municipal emergency first  responder,  judge  of  any
    18  court  of  law  of this state, or state, county or municipal prosecutor,
    19  the spouse or child thereof, or any other person residing  at  the  home
    20  address  of such individual, who may bring a civil action in the supreme
    21  court.
    22    4. The court may award:
    23    (a) actual damages, but not less than liquidated damages  computed  at
    24  the rate of one thousand dollars for each violation of this section;
    25    (b)  punitive  damages  upon proof of willful or reckless disregard of
    26  the law;
    27    (c) reasonable attorneys' fees and other litigation  costs  reasonably
    28  incurred; and
    29    (d) any other preliminary and equitable relief as the court determines
    30  to be appropriate.
    31    §  4.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.
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