What's happening
This bill exempts statements made by witnesses or victims about sexual abuse or misconduct from public disclosure under the law.
Why it matters
Protects privacy for survivors and witnesses. By exempting statements about sexual abuse or misconduct from public disclosure, the bill helps shield victims and witnesses from unwanted exposure, media attention, or retaliation—making it safer to come forward.
May encourage reporting. With stronger confidentiality protections, victims and witnesses may be more likely to report sexual abuse or misconduct, knowing their statements won't become public records.
Limits public and media access. This change means journalists, advocacy groups, and the general public will have less access to information about specific allegations or investigations, potentially reducing transparency but prioritizing individual safety and privacy.
Aligns with broader efforts to support survivors. The amendment reflects growing recognition of the unique sensitivities involved in sexual abuse cases and aims to prevent further harm or trauma from public disclosure.
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Who cares
Headline styles
Protect Victim Statements from Disclosure
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government 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 Sexual Abuse Statements
In Assembly Committee · Governmental Operations · Sponsor Charles Lavine
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2840
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to exempting certain statements relating to sexual abuse or misconduct from disclo- sure
Purpose
This bill explicitly exempts the statements of sexual abuse victims and witnesses from disclosure under FOIL to protect victims' and witnesses' privacy.
Summary of provisions
Adds subsection V. to include statements made by a witness or victim relating to sexual abuse or misconduct as an exemption from disclosure under FOIL.
Read the full memo (613 words)
Justification
Victims of sexual abuse and misconduct frequently do not disclose abuse because they fear among other things, embarrassment, rejection and retaliation. Soon, the Court of Appeals will hear a case, Friedman V. Rice, in which the petitioner seeks to force the public disclosure, under FOIL, of statements of child sex abuse victims made to police and prosecutors.
A convicted Level III Sex offender is seeking the statements made by his child victims from the Nassau County District Attorney's Office under the Freedom of Information Law (FOIL) and the court of appeals will hear the case in 2017. While we are confident that these records have been properly shielded from disclosure, the Legislature should amend FOIL to explicitly exempt from disclosure records, which, if disclosed would reveal any witness statement relating to sexual abuse or misconduct.
While defendants in criminal cases have a broad right to evidence against them, FOIL dictates public access to government records and statements relating to sexual abuse should be explicitly exempt from such FOIL disclosure. Public disclosure of these sensitive records-to the media, to sexual predators, to abusive parents, to cyberbullies would not only harm victims, but offend the rights of the accused who have not been charged or convicted.
If the legislature extends the statutes of limitations for bringing sexual abuses cases, as has been proposed, this modification to FOIL would be even more critical. Extended statues of limitations would provide an opportunity for many victims to come forward and seek justice, and statements to school personnel, social service providers, police and prosecutors should be presumed to be confidential and there- fore exempt from disclosure to the public and media under FOIL.
The Legislature's appreciation of the importance of protecting the iden- tities of the victims of sexual abuse has been codified in the Section 50(b) of the Civil Rights Law, which provides:
The identity of any victim of a sex offense, as defined in article one hundred thirty or section 255.25, 255.26, 255.27 of the penal law, or an offense involving the alleged transmission of the human immunodeficiency virus, shall be confidential. No 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.
Nassau County has successfully argued before the Appellate Division that this provision precludes them from disclosing the records in question in their entirety, but one justice dissented, and the Court of Appeals will hear this case imminently. The Legislature should act promptly to protect the privacy of those alleging sexual abuse as well as those whom unproven allegations are made.
If the Legislature takes no action and the petitioner prevails before the Court of Appeals, statements made to public officers regarding child sexual abuse may be construed to be public records subject to disclosure under FOIL to anyone requesting them, regardless of their intent and the harm such release may cause. While we believe this outcome to be unlike- ly, the chilling impact of such a decision would be incalculable.
Legislative history
S. 6420/A. 7679; Passed Senate
Fiscal implications statewide/county
None.
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.