NY State Senate Bill 2015-S5103

Senate Bill S5103

2015-2016 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

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
May 01, 2015	referred to codes

2015-S5103 (ACTIVE) - Details

See Assembly Version of this Bill:: A5411
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:: 2017-2018: S5144, A1033
2019-2020: S413
2021-2022: S5239
2023-2024: S4322

2015-S5103 (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.

2015-S5103 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5103

TITLE OF BILL:  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

PURPOSE:

To limit who may bring a private right of action for identifying a
victim of a sex offense

SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 50-b of the civil rights
law, as amended by chapter 320 of the laws of 2006, to provide that no
portion of any report, paper, picture, photograph, court file or other
documents in the custody or possession of any public officer or
employee which identifies a victim of a sex offense shall be made
available for public inspection.

Section two amends section 50-c of the civil rights law, as amended by
chapter 643 of the laws of 1999, to provide that a victim of a sex
offense may bring an action to recover damages suffered by reason of a
wrongful disclosure where the identity of the victim is disclosed in
violation of section 50-b(1) of the civil rights law and has not
otherwise been publicly disclosed.

Section three provides the effective date.

JUSTIFICATION:

Current law provides that no report, paper, picture, photograph, court
file or other documents in the custody or possession of any public
officer or employee which identifies a victim of a sex offense shall
be made available for public inspection. Due to the breadth and
vagueness of the law, public officials have been reluctant to disclose
any information concerning sex offenses for fear of being sued. As a
result, the law inadvertently protects defendants because no
information is disclosed. By specifying that "no portion" of any
report, paper, picture, photograph, court file or other documents
which identifies such a victim shall be available for public
inspection, it makes clear to public officials that they can make
available for public inspection all portions of such reports, papers,
pictures, photographs, court files or other documents that do not
identify a victim of a sex offense.

The private right of action under § 50-c of the civil rights law
refers to any disclosure made in violation of § 50-b of the civil
rights law, whether the disclosure is intentional or otherwise,
inadvertent, or made after the victim's identity has been publicly
disclosed by other means. The bill will clarify that the victim may
bring a private right of action provided that the identity of such
victim has not already been publicly disclosed other than by the
wrongful disclosure by the public officer or employee.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5103 (ACTIVE) - Bill Text download pdf

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

                                  5103

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

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 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

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