Senate Bill S9021

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9021
 
                             I N  S E N A T E
 
                             January 22, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 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-
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11502-01-5
 S. 9021                             2
 
   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.