S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11153
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
   read once and referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the public officers law, the penal law and the civil
   rights law, in relation to prohibiting the disclosure and  publication
   of the home address or unpublished home telephone number of any active
   or retired judge or prosecutor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 89 of the public officers law is amended by  adding
 a new subdivision 7-a to read as follows:
   7-A.  NOTHING  IN THIS ARTICLE SHALL PERMIT THE DISCLOSURE OR PUBLICA-
 TION OF THE HOME ADDRESS OR UNPUBLISHED HOME  TELEPHONE  NUMBER  OF  ANY
 ACTIVE OR RETIRED JUDGE OR STATE OR LOCAL PROSECUTOR.
   §  2.  The  penal law is amended by adding two new sections 250.61 and
 250.62 to read as follows:
 § 250.61 UNLAWFUL DISCLOSURE OF THE ADDRESS OR TELEPHONE NUMBER  OF  ANY
 ACTIVE OR RETIRED JUDGE OR PROSECUTOR IN THE SECOND DEGREE.
   NO  PERSON SHALL NOT KNOWINGLY, WITH RECKLESS DISREGARD FOR THE PROBA-
 BILITY OF EXPOSURE OF ANOTHER TO HARASSMENT OR RISK OF HARM TO  LIFE  OR
 PROPERTY,  DISCLOSE  OR POST OR PUBLISH ON THE INTERNET THE HOME ADDRESS
 OR UNPUBLISHED HOME TELEPHONE NUMBER OF ANY ACTIVE OR RETIRED  JUDGE  OF
 ANY  COURT  OF LAW OF THIS STATE, OR STATE, COUNTY OR MUNICIPAL PROSECU-
 TOR, OR THE SPOUSE OR CHILD THEREOF.
   UNLAWFUL DISCLOSURE OF THE ADDRESS OR TELEPHONE NUMBER OF  ANY  ACTIVE
 OR  RETIRED JUDGE OR PROSECUTOR IN THE SECOND DEGREE IS A CLASS A MISDE-
 MEANOR.
 § 250.62 UNLAWFUL DISCLOSURE OF THE ADDRESS OR TELEPHONE NUMBER  OF  ANY
 ACTIVE OR RETIRED JUDGE OR PROSECUTOR IN THE FIRST DEGREE.
   A PERSON SHALL NOT KNOWINGLY, WITH INTENT TO EXPOSE ANOTHER TO HARASS-
 MENT  OR  RISK OF HARM TO LIFE OR PROPERTY, DISCLOSE, POST OR PUBLISH ON
 THE INTERNET THE HOME ADDRESS OR UNPUBLISHED HOME  TELEPHONE  NUMBER  OF
 ANY ACTIVE OR RETIRED JUDGE OF ANY COURT OF LAW OF THIS STATE, OR STATE,
 COUNTY OR MUNICIPAL PROSECUTOR, OR THE SPOUSE OR CHILD THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17649-01-0

 A. 11153                            2
 
   UNLAWFUL  DISCLOSURE  OF THE ADDRESS OR TELEPHONE NUMBER OF ANY ACTIVE
 OR RETIRED JUDGE OR PROSECUTOR IN THE FIRST DEGREE IS A CLASS E FELONY.
   §  3.  The civil rights law is amended by adding a new section 50-f to
 read as follows:
   § 50-F. DISCLOSURE OF ADDRESS OR TELEPHONE NUMBER  OF  ANY  ACTIVE  OR
 RETIRED JUDGE OR PROSECUTOR PROHIBITED. 1. NO PERSON, BUSINESS, OR ASSO-
 CIATION  SHALL  DISCLOSE  OR  POST  OR  PUBLISH ON THE INTERNET THE HOME
 ADDRESS OR UNPUBLISHED HOME TELEPHONE NUMBER OF  AN  ACTIVE  OR  RETIRED
 JUDGE OF ANY COURT OF LAW OF THIS STATE, OR ANY ACTIVE OR RETIRED STATE,
 COUNTY OR MUNICIPAL PROSECUTOR, OR SPOUSE OR CHILD THEREOF UNDER CIRCUM-
 STANCES  IN  WHICH A REASONABLE PERSON WOULD BELIEVE THAT PROVIDING THAT
 INFORMATION WOULD EXPOSE ANOTHER TO HARASSMENT OR RISK OF HARM  TO  LIFE
 OR PROPERTY.
   2. A PERSON, BUSINESS, OR ASSOCIATION THAT VIOLATES SUBDIVISION ONE OF
 THIS  SECTION SHALL BE LIABLE TO THE ACTIVE OR RETIRED JUDGE OR PROSECU-
 TOR, OR ANY OTHER PERSON RESIDING AT THE HOME ADDRESS OF SUCH ACTIVE  OR
 RETIRED JUDGE OR PROSECUTOR, WHO MAY BRING A CIVIL ACTION IN THE SUPREME
 COURT.
   3. THE COURT MAY AWARD:
   (A)  ACTUAL  DAMAGES, BUT NOT LESS THAN LIQUIDATED DAMAGES COMPUTED AT
 THE RATE OF ONE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS SECTION;
   (B) PUNITIVE DAMAGES UPON PROOF OF WILLFUL OR  RECKLESS  DISREGARD  OF
 THE LAW;
   (C)  REASONABLE  ATTORNEY'S FEES AND OTHER LITIGATION COSTS REASONABLY
 INCURRED; AND
   (D) ANY OTHER PRELIMINARY AND EQUITABLE RELIEF AS THE COURT DETERMINES
 TO BE APPROPRIATE.
   4. FOR THE PURPOSES OF THIS SECTION, "DISCLOSE" SHALL MEAN TO SOLICIT,
 SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE, MAIL, DELIVER,  TRANSFER,
 PUBLISH, DISTRIBUTE, CIRCULATE, DISSEMINATE, PRESENT, EXHIBIT, ADVERTISE
 OR OFFER.
   § 4. This act shall take effect immediately.