Assembly Bill A3931

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3931
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to  the  confidentiality
   of certain actions brought by or on behalf of incarcerated individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Sahim's law".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that  incarcerated  individuals  face  significant barriers in
 pursuing legal action against correctional facilities due  to  potential
 conflicts  of  interest  and  concerns  of retaliation. To address these
 issues and ensure the fair and equitable treatment of incarcerated indi-
 viduals, it is  necessary  to  allow  their  families  to  initiate  and
 complete lawsuits on their behalf.
   §  3.  The  correction  law is amended by adding a new section 24-b to
 read as follows:
   § 24-B.  CIVIL  ACTIONS  AGAINST  DEPARTMENT  PERSONNEL;  SUPPLEMENTAL
 PROVISIONS.  1. ANY CIVIL ACTION BROUGHT PURSUANT TO SECTION TWENTY-FOUR
 OF THIS ARTICLE SHALL  BE  SERVED  DIRECTLY  TO  THE  COMMISSIONER.  THE
 COMMISSIONER  SHALL NOT DISCLOSE THE NAME OF THE INCARCERATED INDIVIDUAL
 WHO IS THE SUBJECT OF SUCH CIVIL ACTION TO THE WARDEN OR  STAFF  OF  THE
 CORRECTIONAL  FACILITY INVOLVED IN SUCH CIVIL ACTION, EXCEPT AS REQUIRED
 BY THE CIVIL PRACTICE LAW AND RULES FOR THE  PURPOSE  OF  RESPONDING  TO
 SUCH  CIVIL  ACTION.  WHEN SUCH DISCLOSURE IS REQUIRED, THE COMMISSIONER
 SHALL  IMPLEMENT  MEASURES  TO  MAINTAIN  CONFIDENTIALITY  BEYOND   SUCH
 REQUIRED  DISCLOSURE  AND  ENSURE  THAT NO RETALIATORY ACTIONS ARE TAKEN
 AGAINST THE INCARCERATED INDIVIDUAL, AS APPLICABLE.
   2. (A) FAMILY MEMBERS OF INCARCERATED INDIVIDUALS MAY  BRING  A  CIVIL
 ACTION  ON  BEHALF  OF  SUCH INCARCERATED INDIVIDUAL PURSUANT TO SECTION
 TWENTY-FOUR OF THIS ARTICLE UPON RECEIPT OF THE CONSENT OF  SUCH  INCAR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06484-01-5
              

 A. 3931                             2
 
 CERATED  INDIVIDUAL.  AN  INDEPENDENT  LEGAL ADVOCATE OR PUBLIC DEFENDER
 SHALL CERTIFY THAT SUCH CONSENT WAS GIVEN VOLUNTARILY.
   (B)  FOLLOWING  THE  RECEIPT OF SUCH INCARCERATED INDIVIDUAL'S CONSENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH FAMILY  MEMBERS  MAY
 SERVE  AS  THE  REPRESENTATIVE  FOR SUCH INCARCERATED INDIVIDUAL FOR THE
 REMAINDER OF SUCH LEGAL PROCEEDING, DURING WHICH NO  ADDITIONAL  CONSENT
 OR  OTHER ACTION SHALL BE REQUIRED FROM SUCH INCARCERATED INDIVIDUAL FOR
 THE PURPOSES OF CARRYING OUT SUCH LEGAL PROCEEDING.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION,  THE  TERM  "FAMILY  MEMBER"
 SHALL  INCLUDE  SPOUSES,  DOMESTIC  PARTNERS,  ADULT  CHILDREN, PARENTS,
 SIBLINGS, AND LEGAL GUARDIANS OF AN  INCARCERATED  INDIVIDUAL  ON  WHOSE
 BEHALF A CIVIL ACTION IS BROUGHT PURSUANT TO SECTION TWENTY-FOUR OF THIS
 ARTICLE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.