Senate Bill S1686

2009-2010 Legislative Session

Provides a private right of action against a person who intentionally discloses the identity of a victim of a sex crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1686 (ACTIVE) - Details

See Assembly Version of this Bill:
A2911
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-b & 50-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2482
2013-2014: S1451
2015-2016: S2085

2009-S1686 (ACTIVE) - Summary

Provides a private right of action against a person who intentionally discloses the identity of a victim of a sex crime.

2009-S1686 (ACTIVE) - Sponsor Memo

2009-S1686 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1686

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by Sens. FLANAGAN, LITTLE -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

AN  ACT to amend the civil rights law, in relation to a private right of
  action for the intentional disclosure of the identity of a victim of a
  sex crime

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 50-b of the civil rights law, as
amended by chapter 320 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  The identity of any victim of a sex offense, as defined in article
one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
or of an offense involving the alleged transmission of the human immuno-
deficiency virus, shall be  confidential.  No  report,  paper,  picture,
photograph,  court file or other documents, in the custody or possession
of any public officer or employee, which identifies such a victim  shall
be  made  available  for  public  inspection.  No such public officer or
employee shall disclose any portion of any police report, court file, or
other document, which tends to identify such a victim except as provided
in subdivision two of this section.  WHERE ANY REPORT,  PAPER,  PICTURE,
PHOTOGRAPH, COURT FILE, POLICE REPORT OR OTHER DOCUMENT WHICH IDENTIFIES
OR  TENDS TO IDENTIFY SUCH VICTIM MAY BE SUFFICIENTLY REDACTED TO INSURE
SUCH VICTIM IS NOT IDENTIFIED SUCH DOCUMENT MAY  BE  DISCLOSED  ONLY  TO
ASSIST LAW ENFORCEMENT AUTHORITIES IN INVESTIGATING AND PROSECUTING SUCH
OFFENSE.
  S  2. The opening paragraph of section 50-c of the civil rights law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.    IF  THE IDENTITY OF THE VICTIM OF A SEX OFFENSE IS INTENTIONALLY
DISCLOSED IN VIOLATION OF SECTION FIFTY-B OF THIS ARTICLE  AND  HAS  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02330-01-9
              

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