| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2016 |
referred to codes |
| Jan 21, 2015 |
referred to codes |
Senate Bill S2085
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
co-Sponsors
(R, C, IP) 62nd Senate District
2015-S2085 (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
2011-2012: S2482
2013-2014: S1451
2015-S2085 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2085
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.
The intent of § 50-b is obvious - that the government should not
2015-S2085 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2085
2015-2016 Regular Sessions
I N S E N A T E
January 21, 2015
___________
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.
LBD05208-01-5
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