NY State Senate Bill 2021-S5239

Senate Bill S5239

2021-2022 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 26, 2021	referred to codes

2021-S5239 (ACTIVE) - Details

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:: 2015-2016: S5103
2017-2018: S5144
2019-2020: S413
2023-2024: S4322

2021-S5239 (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.

2021-S5239 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5239

SPONSOR: LANZA
 
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 other-
wise 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 offi-
cer 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::

2020: S.413 - Referred to Codes
2019: S.413 - Referred to Codes
2018: S.5144 - Referred to Codes
2017: S.5144 - Referred to Rules/A.1033 - Referred to Judiciary
2016: S.5103 - Referred to Codes/A.5411 - Referred to Judiciary
2015: S.5103 - Referred to Codes/A.5411 - Referred to Judiciary

 
FISCAL IMPLICATIONS::

None to the State.

 
EFFECTIVE DATE::

This act shall take effect immediately

2021-S5239 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5239
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 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.
   §  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:
   § 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.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10136-01-1

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