The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3089
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, NOLAN, STERN, DeSTEFANO, MORINELLO,
   LAVINE,  SIMON,  SEAWRIGHT,  COLTON,  BRABENEC,  ENGLEBRIGHT,   GALEF,
   CUSICK,  B. MILLER,  OTIS,  McDONOUGH -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers law, the penal  law  and  the  civil
   rights  law, in relation to prohibiting the disclosure and publication
   of the home address or unpublished home telephone number of any active
   or retired judge or prosecutor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 89 of the public officers law is amended by adding
 a new subdivision 7-a to read as follows:
   7-A. NOTHING IN THIS ARTICLE SHALL PERMIT THE DISCLOSURE  OR  PUBLICA-
 TION  OF  THE  HOME  ADDRESS OR UNPUBLISHED HOME TELEPHONE NUMBER OF ANY
 ACTIVE OR RETIRED JUDGE OR STATE OR LOCAL PROSECUTOR.
   § 2. The penal law is amended by adding two new  sections  250.61  and
 250.62 to read as follows:
 §  250.61  UNLAWFUL DISCLOSURE OF THE ADDRESS OR TELEPHONE NUMBER OF ANY
 ACTIVE OR RETIRED JUDGE OR PROSECUTOR IN THE SECOND DEGREE.
   NO PERSON SHALL NOT KNOWINGLY, WITH RECKLESS DISREGARD FOR THE  PROBA-
 BILITY  OF  EXPOSURE OF ANOTHER TO HARASSMENT OR RISK OF HARM TO LIFE OR
 PROPERTY, DISCLOSE OR POST OR PUBLISH ON THE INTERNET THE  HOME  ADDRESS
 OR  UNPUBLISHED  HOME TELEPHONE NUMBER OF ANY ACTIVE OR RETIRED JUDGE OF
 ANY COURT OF LAW OF THIS STATE, OR STATE, COUNTY OR  MUNICIPAL  PROSECU-
 TOR, OR THE SPOUSE OR CHILD THEREOF.
   UNLAWFUL  DISCLOSURE  OF THE ADDRESS OR TELEPHONE NUMBER OF ANY ACTIVE
 OR RETIRED JUDGE OR PROSECUTOR IN THE SECOND DEGREE IS A CLASS A  MISDE-
 MEANOR.
 §  250.62  UNLAWFUL DISCLOSURE OF THE ADDRESS OR TELEPHONE NUMBER OF ANY
 ACTIVE OR RETIRED JUDGE OR PROSECUTOR IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05775-01-1

 A. 3089                             2
 
   A PERSON SHALL NOT KNOWINGLY, WITH INTENT TO EXPOSE ANOTHER TO HARASS-
 MENT OR RISK OF HARM TO LIFE OR PROPERTY, DISCLOSE, POST OR  PUBLISH  ON
 THE  INTERNET  THE  HOME ADDRESS OR UNPUBLISHED HOME TELEPHONE NUMBER OF
 ANY ACTIVE OR RETIRED JUDGE OF ANY COURT OF LAW OF THIS STATE, OR STATE,
 COUNTY OR MUNICIPAL PROSECUTOR, OR THE SPOUSE OR CHILD THEREOF.
   UNLAWFUL  DISCLOSURE  OF THE ADDRESS OR TELEPHONE NUMBER OF ANY ACTIVE
 OR RETIRED JUDGE OR PROSECUTOR IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 3. The civil rights law is amended by adding a new section  50-g  to
 read as follows:
   §  50-G.  DISCLOSURE  OF  ADDRESS OR TELEPHONE NUMBER OF ANY ACTIVE OR
 RETIRED JUDGE OR PROSECUTOR PROHIBITED. 1. NO PERSON, BUSINESS, OR ASSO-
 CIATION SHALL DISCLOSE OR POST OR  PUBLISH  ON  THE  INTERNET  THE  HOME
 ADDRESS  OR  UNPUBLISHED  HOME  TELEPHONE NUMBER OF AN ACTIVE OR RETIRED
 JUDGE OF ANY COURT OF LAW OF THIS STATE, OR ANY ACTIVE OR RETIRED STATE,
 COUNTY OR MUNICIPAL PROSECUTOR, OR SPOUSE OR CHILD THEREOF UNDER CIRCUM-
 STANCES IN WHICH A REASONABLE PERSON WOULD BELIEVE THAT  PROVIDING  THAT
 INFORMATION  WOULD  EXPOSE ANOTHER TO HARASSMENT OR RISK OF HARM TO LIFE
 OR PROPERTY.
   2. A PERSON, BUSINESS, OR ASSOCIATION THAT VIOLATES SUBDIVISION ONE OF
 THIS SECTION SHALL BE LIABLE TO THE ACTIVE OR RETIRED JUDGE OR  PROSECU-
 TOR,  OR ANY OTHER PERSON RESIDING AT THE HOME ADDRESS OF SUCH ACTIVE OR
 RETIRED JUDGE OR PROSECUTOR, WHO MAY BRING A CIVIL ACTION IN THE SUPREME
 COURT.
   3. THE COURT MAY AWARD:
   (A) ACTUAL DAMAGES, BUT NOT LESS THAN LIQUIDATED DAMAGES  COMPUTED  AT
 THE RATE OF ONE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS SECTION;
   (B)  PUNITIVE  DAMAGES  UPON PROOF OF WILLFUL OR RECKLESS DISREGARD OF
 THE LAW;
   (C) REASONABLE ATTORNEY'S FEES AND OTHER LITIGATION  COSTS  REASONABLY
 INCURRED; AND
   (D) ANY OTHER PRELIMINARY AND EQUITABLE RELIEF AS THE COURT DETERMINES
 TO BE APPROPRIATE.
   4. FOR THE PURPOSES OF THIS SECTION, "DISCLOSE" SHALL MEAN TO SOLICIT,
 SELL,  MANUFACTURE, GIVE, PROVIDE, LEND, TRADE, MAIL, DELIVER, TRANSFER,
 PUBLISH, DISTRIBUTE, CIRCULATE, DISSEMINATE, PRESENT, EXHIBIT, ADVERTISE
 OR OFFER.
   § 4. This act shall take effect immediately.