senate Bill S5162

2011-2012 Legislative Session

Prohibits the release of victim information by police in stalking offenses

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
May 03, 2011 referred to investigations and government operations

S5162 - Bill Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Add ยง66-b, Pub Off L

S5162 - Bill Texts

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Prohibits the release of victim information by police in stalking offenses.

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BILL NUMBER:S5162

TITLE OF BILL:
An act
to amend the public officers law, in relation to publication of victims'
personal information in stalking offenses

PURPOSE:
To require all police maintained reports and records related to stalking
offenses be kept confidential.

SUMMARY OF PROVISIONS:
Section 1. amends the Public Officers Law by adding a new section
(66-b). All reports and records relating to any stalking offense shall
not be disclosed to the public. Authorities shall withhold from public
disclosure the name, address and all other personal information relating
to the victim of the stalking offense.

Section 2. Provides that this act shall take effect immediately.

JUSTIFICATION:
Stalking is an offense whereby an individual intentionally and
repeatedly follows or harasses another person. Due to the sensitive
nature of these crimes, special attention must be paid to privacy and
disclosure. Under current law, police reports are considered public
information. This may be dangerous for stalking victims as personal
information may even be accessed by their accused stalker.

Current law allows police authorities to release information of stalking
victims to the public and can show up in a police blotter. Personal
information of a victim can be found and used and this may threaten the
victims safety. Crimes of stalking are horrifying for victims. It is
frightening to be a victim of stalking and protecting victims personal
information is one essential way to assure that victims are being
protected.

This bill will prohibit police from releasing a victim's personal
information relating to a stalking offenses. Under this legislation,
police authorities will not be permitted to disclose information
relating to the victim of a stalking offense. Information such as, the
victims name, address, and all other personal information will no longer
be open to public inspection.

Stalking victims are fearful that there personal information is made
available for anyone to view and can be used against them. This bill
will protect the safety of stalking victims by protecting their personal
information.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act Shall take effect immediately


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

                                  5162

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to  publication  of
  victims' personal information in stalking offenses

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

  Section 1. The public officers law is amended by adding a new  section
66-b to read as follows:
  S  66-B.  REPORTS RELATED TO STALKING OFFENSES KEPT BY POLICE AUTHORI-
TIES. ALL REPORTS AND RECORDS  RELATING  TO  ANY  STALKING  OFFENSE,  AS
DEFINED  IN SECTIONS 120.45, 120.50, 120.55 AND 120.60 OF THE PENAL LAW,
KEPT OR MAINTAINED BY THE STATE POLICE OR BY THE  POLICE  DEPARTMENT  OR
FORCE OF ANY COUNTY, CITY, TOWN, VILLAGE OR OTHER DISTRICT OF THE STATE,
SHALL  NOT  BE  OPEN TO PUBLIC INSPECTION. SUCH POLICE AUTHORITIES SHALL
WITHHOLD FROM PUBLIC DISCLOSURE THE NAME, ADDRESS AND ALL OTHER PERSONAL
INFORMATION RELATING TO THE VICTIM OF THE STALKING OFFENSE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08458-01-1

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