Senate Bill S2482

2011-2012 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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2011-S2482 (ACTIVE) - Details

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:
2009-2010: S1686
2013-2014: S1451
2015-2016: S2085

2011-S2482 (ACTIVE) - Summary

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

2011-S2482 (ACTIVE) - Sponsor Memo

2011-S2482 (ACTIVE) - Bill Text download pdf

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

                                  2482

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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
OTHERWISE BEEN DISCLOSED, THE VICTIM, OR IF THE VICTIM IS  DECEASED  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08457-01-1
              

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