S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2150
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, STERN, DeSTEFANO, MORINELLO, SIMON,
   SEAWRIGHT, COLTON, BRABENEC, MILLER, OTIS, McDONOUGH,  BUTTENSCHON  --
   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   of the home address or unpublished home telephone number of any active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 TION OF THE HOME ADDRESS OR UNPUBLISHED HOME  TELEPHONE  NUMBER  OF  ANY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 OR UNPUBLISHED HOME TELEPHONE NUMBER OF ANY ACTIVE OR RETIRED  JUDGE  OF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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00910-01-3
              

 A. 2150                             2
 
 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.
   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-g  to
 read as follows:
   §  50-G.  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.