STATE OF NEW YORK
________________________________________________________________________
3089
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. DINOWITZ, NOLAN, STERN, DeSTEFANO, MORINELLO,
LAVINE, SIMON, SEAWRIGHT, COLTON, BRABENEC, ENGLEBRIGHT, GALEF,
CUSICK, B. MILLER, OTIS, McDONOUGH -- read once and referred to the
Committee on Governmental 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of the home address or unpublished home telephone number of any active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4 tion of the home address or unpublished home telephone number of any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13 or unpublished home telephone number of any active or retired judge of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.
LBD05775-01-1
A. 3089 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3 the internet the home address or unpublished home telephone number of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-g to
9 read as follows:
10 § 50-g. 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.
