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Assembly Bill A1033

2017-2018 Legislative Session

Limits who may bring a private right of action for identifying a victim of a sex offense; only brought by the victim where the information has not otherwise been publicly disclosed

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Archive: Last Bill Status - Stricken

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2017-A1033 (ACTIVE) - Details

See Senate Version of this Bill:
S5144
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-b & 50-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5411, S5103
2019-2020: S413
2021-2022: S5239
2023-2024: S4322
2025-2026: S5871

2017-A1033 (ACTIVE) - Summary

Limits who may bring a private right of action for identifying a victim of a sex offense; only brought by the victim where the information has not otherwise been publicly disclosed.

2017-A1033 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1033
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, ZEBROWSKI, GALEF, JAFFEE, STECK, CROUCH,
   McDONOUGH, RAIA, SALADINO, FAHY, HOOPER -- Multi-Sponsored by -- M. of
   A. ABBATE, COOK, HIKIND -- read once and referred to the Committee  on
   Judiciary
 
 AN  ACT  to  amend the civil rights law, in relation to limiting who may
   bring a private right of action for identifying  a  victim  of  a  sex
   offense
 
   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  PORTION OF ANY report,
 paper, picture, photograph, court file or other documents, in the custo-
 dy 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.
   § 2. Section 50-c of the civil rights law, as amended by  chapter  643
 of the laws of 1999, is amended to read as follows:
   §  50-c.  Private right of action. If the identity of the victim of an
 offense defined in subdivision one of section fifty-b of this article is
 disclosed in violation of such section,  [any  person  injured  by  such
 disclosure]  AND  HAS NOT OTHERWISE BEEN PUBLICLY DISCLOSED, SUCH VICTIM
 may bring an action to recover damages suffered by reason of such wrong-
 ful disclosure. In any action brought under this section, the court  may
 award reasonable attorney's fees to a prevailing plaintiff.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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