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History
- Referred to codes
- Referred to codes
Companion bill
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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
In Assembly Committee · Judiciary · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.