S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5411

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced by M. of A. PAULIN, ZEBROWSKI, GALEF, CLARK, JAFFEE, LINARES,
  STECK,  CROUCH,  McDONOUGH, RAIA, SALADINO -- Multi-Sponsored by -- M.
  of A. ABBATE, COOK, DUPREY, HIKIND -- read once and  referred  to  the
  Committee on Judiciary

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  320  of  the  laws  of 2006, 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.
  S 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:
  S  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.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD09192-01-5