What's happening
The bill amends New York law to exempt witness or victim statements about sexual abuse or misconduct from public disclosure.
Why it matters
Prioritizes privacy and protection for sexual abuse or misconduct victims and witnesses. By exempting their statements from public disclosure, the bill aims to reduce the risk of retraumatization, harassment, or stigma that can result from their personal experiences being made public.
May encourage more victims and witnesses to come forward. Knowing their statements will not be disclosed could increase participation in investigations and prosecutions, potentially leading to more effective law enforcement and justice outcomes in sexual abuse cases.
Balances transparency with sensitivity. While public access to law enforcement records is important for accountability, this carve-out acknowledges the unique harm disclosure can cause in sexual abuse cases, reflecting a tailored approach to open records law.
Could impact media reporting and public oversight. Journalists and watchdog organizations may face new barriers in reporting on or investigating sexual abuse cases, which could affect public understanding and scrutiny of how such cases are handled.
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Who cares
Victims and witnesses of sexual abuse or misconduct
The bill would allow agencies to withhold law enforcement records that would reveal their statements relating to sexual abuse or misconduct.
Law enforcement agencies and records officers
The bill would add a specific FOIL exemption for law enforcement records whose disclosure would reveal these victim or witness statements.
Reporters and open-government advocates
The bill would give agencies an additional basis to deny FOIL access to records revealing statements about sexual abuse or misconduct.
Headline styles
Protect Sexual Abuse Statements
Plain English, a few words. Used as the page title.
Sponsors
19 Co-sponsors
3 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
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.
Protect Victim Statements from Disclosure
In Senate Committee · Investigations And Government Operations · Sponsor Anna Kaplan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2658
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. LAVINE, COLTON, WILLIAMS, COOK, D'URSO, ENGLE- BRIGHT, ORTIZ, BLAKE, GALEF, MORINELLO, RAIA, GIGLIO, MONTESANO, DiPIETRO, RA, LAWRENCE, JAFFEE, DICKENS, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, HEVESI, HYNDMAN -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to exempting certain statements relating to sexual abuse or misconduct from disclosure
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (e) of subdivision 2 of section 87 of the public officers law, as added by chapter 933 of the laws of 1977, is amended to read as follows:
(e) are compiled for law enforcement purposes and which, if disclosed, would:
i. interfere with law enforcement investigations or judicial proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudication;
iii. identify a confidential source or disclose confidential information relating to a criminal investigation; [or]
iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures; or
v. reveal any statement made by a witness or victim relating to sexual abuse or misconduct;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04606-01-9
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.