Assembly Bill A10643

2023-2024 Legislative Session

Establishes a cause of action for intrusion upon seclusion

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Current Bill Status - In Assembly 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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2023-A10643 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Add §50-h, Civ Rts L

2023-A10643 (ACTIVE) - Summary

Establishes a cause of action against any person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or their private affairs or concerns if such intrusion would be highly offensive to a reasonable person.

2023-A10643 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10643
 
                           I N  A S S E M B L Y
 
                               July 22, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law,  in  relation  to  establishing  a
   cause of action for intrusion upon seclusion
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by  adding  a  new  section
 50-h to read as follows:
   §  50-H.  INTRUSION  UPON SECLUSION. 1. A PERSON SHALL HAVE A CAUSE OF
 ACTION AGAINST ANY PERSON  WHO  INTENTIONALLY  INTRUDES,  PHYSICALLY  OR
 OTHERWISE,  UPON  THE  SOLITUDE OR SECLUSION OF ANOTHER OR THEIR PRIVATE
 AFFAIRS OR CONCERNS IF SUCH INTRUSION WOULD BE  HIGHLY  OFFENSIVE  TO  A
 REASONABLE PERSON.
   2.  IN  ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION, THE FINDER OF FACT, IN ITS  DISCRETION,  MAY  AWARD  INJUNCTIVE
 RELIEF,  PUNITIVE  DAMAGES,  COMPENSATORY  DAMAGES  AND REASONABLE COURT
 COSTS AND ATTORNEY'S FEES.
   3. LIABILITY FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION  SHALL
 NOT  DEPEND  UPON  ANY  PUBLICITY  GIVEN TO THE PERSON WHOSE INTEREST IS
 INVADED OR TO THEIR AFFAIRS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15945-01-4

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