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.
STATE OF NEW YORK
________________________________________________________________________
5411
2015-2016 Regular Sessions
IN ASSEMBLY
February 20, 2015
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, GALEF, CLARK, JAFFEE, LINARES,
STECK, CROUCH, McDONOUGH, RAIA, SALADINO -- Multi-Sponsored by -- M.
of A. ABBATE, COOK, DUPREY, HIKIND -- read once and referred to the
Committee on Judiciary
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 § 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 § 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 § 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
