What's happening
This bill limits the right to sue for disclosure of a sex offense victim's identity only to the victim if their identity wasn't already public.
Why it matters
Narrows who can file lawsuits. Only the victim themselves (not “any person injured” by a disclosure) can sue for damages if their identity as a sex offense victim is improperly revealed, making it harder for third parties (like family) to take legal action.
Applies only if identity was not already public. The right to sue is limited to cases where the victim’s identity was not otherwise publicly disclosed, potentially reducing the number of viable lawsuits and focusing protection on private, not already-public, information.
Potentially reduces legal exposure for agencies and media. By tightening who can sue and under what circumstances, public agencies, employees, or reporters may face fewer lawsuits for accidental or wrongful disclosure when information is already in the public domain.
Shifts focus to victim autonomy. The change centers the right to privacy and the decision to seek damages on the victim, reinforcing the principle that control over sensitive information primarily belongs to the affected individual.
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Who cares
Headline styles
Limit Who Can Sue
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
3 Multi-sponsors
History
- Enacting clause stricken
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restrict Sex Crime Lawsuits
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1033
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. PAULIN, ZEBROWSKI, GALEF, JAFFEE, STECK, CROUCH, McDONOUGH, RAIA, SALADINO, FAHY, HOOPER -- Multi-Sponsored by -- M. of A. ABBATE, COOK, HIKIND -- read once and referred to the Committee on Judiciary
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 Assembly, 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 immunodeficiency virus, shall be confidential. 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 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 wrongful 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.
LBD06151-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.