Provides for the confidentiality of residence and business addresses and telephone numbers of victims of or witnesses to a crime, except in cases where such information is needed by police and other officers investigating a crime; provides that such information may be released to any government agency which provides compensation or services to crime victims or witnesses.
S T A T E O F N E W Y O R K
________________________________________________________________________
9331
I N A S S E M B L Y
February 16, 2012
___________
Introduced by M. of A. SIMANOWITZ -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to confidentiality of
victims and witnesses addresses and telephone numbers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
50-f to read as follows:
S 50-F. CONFIDENTIALITY OF VICTIM AND WITNESS ADDRESSES AND TELEPHONE
NUMBERS. 1. THE RESIDENCE AND BUSINESS ADDRESSES AND TELEPHONE NUMBERS
OF ANY VICTIM OF OR WITNESS TO A CRIME SHALL BE CONFIDENTIAL. NO REPORT,
PAPER, PICTURE, PHOTOGRAPH, COURT FILE, OR OTHER DOCUMENT THAT RELATES
TO A CRIME AND CONTAINS THE RESIDENCE OR BUSINESS ADDRESS OR TELEPHONE
NUMBER OF A VICTIM OR WITNESS, AND THAT IS IN THE CUSTODY OR POSSESSION
OF ANY PUBLIC OFFICER OR EMPLOYEE, INCLUDING THE PROSECUTING ATTORNEY,
THE POLICE, AND ANY CLERKS, OFFICIALS, OR EMPLOYEES OF ANY STATE COURT,
SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION, UNLESS THE RESIDENCE AND
BUSINESS ADDRESSES AND TELEPHONE NUMBERS OF THE VICTIM AND WITNESS HAVE
BEEN DELETED. NO SUCH PUBLIC OFFICER OR EMPLOYEE SHALL DISCLOSE THE
RESIDENCE OR BUSINESS ADDRESS OR TELEPHONE NUMBER OF SUCH A VICTIM OR
WITNESS EXCEPT TO:
A. THE PUBLIC OFFICERS AND EMPLOYEES, INCLUDING POLICE, PROSECUTORS,
PROBATION AND PRISON OFFICERS AND EMPLOYEES, NOT TO INCLUDE COUNSEL FOR
THE DEFENSE, WHO ARE CHARGED WITH THE DUTY OF INVESTIGATING, PROSECUT-
ING, OR KEEPING RECORDS RELATING TO THE CRIME OR THE DEFENDANT, OR WITH
PERFORMING ANY OTHER ACT WHEN DONE PURSUANT TO THE LAWFUL DISCHARGE OF
THEIR DUTIES;
B. ANY GOVERNMENT AGENCY OR ENTITY WHICH PROVIDES COMPENSATION OR
SERVICES TO VICTIMS OR WITNESSES, OR WHICH INVESTIGATES OR ADJUDICATES
CLAIMS FOR SUCH COMPENSATION OR SERVICES;
C. ANY PERSON OR AGENCY UPON WRITTEN CONSENT OF THE VICTIM OR WITNESS
OR THE PARENTS, SPOUSE, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE VICTIM OR WITNESS EXCEPT AS MAY OTHERWISE BE REQUIRED OR PROVIDED
BY THE ORDER OF A COURT; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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