Assembly Bill A7972

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7972
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, SHIMSKY, STECK, HEVESI, ROSENTHAL, DAVI-
   LA, GONZALEZ-ROJAS, GRIFFIN, McDONOUGH -- read once  and  referred  to
   the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to the right to priva-
   cy in certain actions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50-b of the civil rights law, as amended by chapter
 643 of the laws of 1999 and subdivision 1 as amended by chapter  155  of
 the laws of 2022, is amended to read as follows:
   §  50-b. Right of privacy; victims of sex offenses or offenses involv-
 ing the transmission of the human immunodeficiency virus.  1. The  iden-
 tity  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, SECTION TWO
 HUNDRED THIRTEEN-C OF THE CIVIL PRACTICE LAW AND RULES, or of an offense
 involving the alleged transmission of the human immunodeficiency  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. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE  THAT
 A  CRIMINAL  CHARGE BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A
 CONDITION OF CONFIDENTIALITY OF THE PLAINTIFF'S IDENTITY  IN  AN  ACTION
 BROUGHT  BY A VICTIM OF CONDUCT CONSTITUTING A SEXUAL OFFENSE AS DEFINED
 BY SECTION TWO HUNDRED THIRTEEN-C OF THE CIVIL PRACTICE LAW  AND  RULES,
 OR A CIVIL OFFENSE INVOLVING THE TRANSMISSION OF THE HUMAN IMMUNODEFICI-
 ENCY VIRUS. A PLAINTIFF COMMENCING AN ACTION ALLEGING CONDUCT CONSTITUT-
 ING A SEXUAL OFFENSE AS DEFINED BY SECTION TWO HUNDRED THIRTEEN-C OF THE
 CIVIL  PRACTICE  LAW  AND RULES, OR A CIVIL OFFENSE INVOLVING THE TRANS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11502-01-5
              

 A. 7972                             2
 
 MISSION OF THE HUMAN IMMUNODEFICIENCY VIRUS  SHALL  HAVE  THE  RIGHT  TO
 PROCEED ANONYMOUSLY.
   2. The  provisions  of  subdivision  one  of this section shall not be
 construed to prohibit disclosure of information to:
   a. Any person charged with the commission of an  offense  OR  A  PARTY
 AGAINST  WHOM AN ACTION HAS BEEN COMMENCED ALLEGING CONDUCT CONSTITUTING
 A SEXUAL OFFENSE, as defined in subdivision one of this section, against
 the same victim; the counsel or guardian  of  such  person;  the  public
 officers and employees charged with the duty of investigating, prosecut-
 ing, keeping records relating to the offense, or any other act when done
 pursuant  to  the  lawful  discharge  of their duties; and any necessary
 witnesses for either party; or
   b. Any person who, upon application to  a  court  having  jurisdiction
 over  the alleged offense OR ACTION, demonstrates to the satisfaction of
 the court that good cause exists for disclosure  to  that  person.  Such
 application  shall  be  made  upon  notice to the victim or other person
 legally responsible for the care of the victim, and the  public  officer
 or employee charged with the duty of prosecuting the offense; or
   c. Any  person  or agency, upon written consent of the victim or other
 person legally responsible for the care of the victim, except as may  be
 otherwise required or provided by the order of a court.
   3.  The  court  having jurisdiction over the alleged offense OR ACTION
 may order any restrictions upon disclosure authorized in subdivision two
 of this section, as it deems necessary and proper to preserve the confi-
 dentiality of the identity of the victim.
   4. Nothing contained in this section shall be construed to require the
 court to exclude the public from any stage  of  the  criminal  OR  CIVIL
 proceeding.
   5.  No  disclosure of confidential HIV related information, as defined
 in section twenty-seven hundred eighty of the public health law, includ-
 ing the identity of the victim of an offense involving  transmission  of
 the  human immunodeficiency virus, shall be permitted under this section
 contrary to article twenty-seven-F of the public health law.
   § 2. This act shall take effect immediately.