Assembly Bill A7506

2023-2024 Legislative Session

Provides that certain communications made without malice regarding an incident of sexual assault, harassment or discrimination shall be deemed privileged

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A7506 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd §74, Civ Rts L

2023-A7506 (ACTIVE) - Summary

Provides that certain communications made without malice regarding an incident of sexual assault, harassment or discrimination shall be deemed privileged; provides that a prevailing defendant in an action brought against such defendant for making a communication that is privileged shall be entitled to attorney's fees and costs for such defense.

2023-A7506 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7506
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to privileged communi-
   cations in defamation actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 74 of the civil rights law, as added by chapter 310
 of the laws of 1962, is amended to read as follows:
   §  74.  Privileges  in action for libel OR DEFAMATION.  1. (A) A civil
 action cannot be maintained against any person, firm or corporation, for
 the publication of a fair and true report of  any  judicial  proceeding,
 legislative  proceeding or other official proceeding, or for any heading
 of the report which is  a  fair  and  true  headnote  of  the  statement
 published.
   (B)  This  [section  does]  SUBDIVISION  SHALL  not  apply  to a libel
 contained in any other matter added  by  any  person  concerned  in  the
 publication;  or  in the report of anything said or done at the time and
 place of such a proceeding which was not a part thereof.
   2. (A) A COMMUNICATION MADE BY AN INDIVIDUAL, WITHOUT MALICE,  REGARD-
 ING  AN  INCIDENT OF SEXUAL ASSAULT, HARASSMENT, OR DISCRIMINATION SHALL
 BE DEEMED PRIVILEGED.
   (B) A PREVAILING DEFENDANT IN ANY DEFAMATION  ACTION  BROUGHT  AGAINST
 SUCH DEFENDANT FOR MAKING A COMMUNICATION THAT IS PRIVILEGED UNDER PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION  SHALL BE ENTITLED TO THEIR REASONABLE
 ATTORNEY'S FEES AND COSTS FOR SUCCESSFULLY DEFENDING THEMSELVES IN  SUCH
 LITIGATION, PLUS TREBLE DAMAGES FOR ANY HARM CAUSED TO THEM BY THE DEFA-
 MATION ACTION AGAINST THEM, IN ADDITION TO PUNITIVE DAMAGES AVAILABLE OR
 ANY OTHER RELIEF OTHERWISE PERMITTED BY LAW.
   (C) THIS SUBDIVISION SHALL ONLY APPLY TO AN INDIVIDUAL THAT HAS, OR AT
 ANY  TIME HAD, A REASONABLE BASIS TO FILE A COMPLAINT OF SEXUAL ASSAULT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11146-01-3
 A. 7506                             2

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