Senate Bill S4322

2023-2024 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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S4322 (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:
2015-2016: S5103
2017-2018: S5144
2019-2020: S413
2021-2022: S5239

2023-S4322 (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.

2023-S4322 (ACTIVE) - Sponsor Memo

2023-S4322 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4322
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  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 155 of the laws  of  2022,  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
                       [ ] is old law to be omitted.
                                                            LBD08565-01-3

              

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