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This entry was published on 2014-09-22
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SECTION 50-B
Right of privacy; victims of sex offenses or offenses involving the transmission of the human immunodeficiency virus
Civil Rights (CVR) CHAPTER 6, ARTICLE 5
§ 50-b. Right of privacy; victims of sex offenses or offenses
involving the transmission of the human immunodeficiency virus. 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
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.

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, 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, prosecuting, 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, 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 may order
any restrictions upon disclosure authorized in subdivision two of this
section, as it deems necessary and proper to preserve the
confidentiality 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 proceeding.

5. No disclosure of confidential HIV related information, as defined
in section twenty-seven hundred eighty of the public health law,
including 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.