|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 21, 2011||referred to codes|
senate Bill S2482
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2482 - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Amd §§50-b & 50-c, Civ Rts L
- Versions Introduced in 2009-2010 Legislative Session:
S2482 - Sponsor Memo
BILL NUMBER:S2482 TITLE OF BILL: 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 SUMMARY OF PROVISIONS: Section one of the bill amends §50-b of the Civil Rights Law to allow for release of certain documents where they are sufficiently redacted to prevent identification of a victim of a sexual offense. section two of the bill amends §50-C of the Civil Rights Law to clarify who has a cause of action when the victim's identity is intentionally disclosed in violation of the Civil Rights Law. Section 3 is the enacting provision. JUSTIFICATION: During the 1991 legislative session, §50-b of the Civil Rights Law was amended and a new §50-C was added. Section 50-b had protected against the disclosure of the identity of the victim of a sex offense who had been under the age of eighteen at the time of the alleged commission of the offense. As amended, §50-b pertains to all victims of sex offenses, irrespective of age.
S2482 - 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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