| 1 | 1 | | <STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="94"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7972 2025-2026 Regular Sessions <FONT SIZE=5><B> IN ASSEMBLY</B></FONT> April 16, 2025 ___________ Introduced by M. of A. PAULIN, SHIMSKY, STECK, HEVESI, ROSENTHAL, DAVI- LA, GONZALEZ-ROJAS, GRIFFIN, McDONOUGH -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to the right to priva- cy in certain actions <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 1 Section 1. Section 50-b of the civil rights law, as amended by chapter 2 643 of the laws of 1999 and subdivision 1 as amended by chapter 155 of 3 the laws of 2022, is amended to read as follows: 4 § 50-b. Right of privacy; victims of sex offenses or offenses involv- 5 ing the transmission of the human immunodeficiency virus. 1. The iden- 6 tity of any victim of a sex offense, as defined in article one hundred 7 thirty or section 255.25, 255.26 or 255.27 of the penal law, <B><U>section two</U></B> 8 <B><U>hundred thirteen-c of the civil practice law and rules,</U></B> or of an offense 9 involving the alleged transmission of the human immunodeficiency virus, 10 shall be confidential. No report, paper, picture, photograph, court file 11 or other documents, in the custody or possession of any public officer 12 or employee, which identifies such a victim shall be made available for 13 public inspection. No such public officer or employee shall disclose any 14 portion of any police report, court file, or other document, which tends 15 to identify such a victim except as provided in subdivision two of this 16 section. <B><U>Nothing in this subdivision shall be construed to require that</U></B> 17 <B><U>a criminal charge be brought or a criminal conviction be obtained as a</U></B> 18 <B><U>condition of confidentiality of the plaintiff's identity in an action</U></B> 19 <B><U>brought by a victim of conduct constituting a sexual offense as defined</U></B> 20 <B><U>by section two hundred thirteen-c of the civil practice law and rules,</U></B> 21 <B><U>or a civil offense involving the transmission of the human immunodefici-</U></B> 22 <B><U>ency virus. A plaintiff commencing an action alleging conduct constitut-</U></B> 23 <B><U>ing a sexual offense as defined by section two hundred thirteen-c of the</U></B> 24 <B><U>civil practice law and rules, or a civil offense involving the trans-</U></B> EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD11502-01-5 </PRE><P CLASS="brk"><PRE WIDTH="94"> A. 7972 2 1 <B><U>mission of the human immunodeficiency virus shall have the right to</U></B> 2 <B><U>proceed anonymously.</U></B> 3 2. The provisions of subdivision one of this section shall not be 4 construed to prohibit disclosure of information to: 5 a. Any person charged with the commission of an offense <B><U>or a party</U></B> 6 <B><U>against whom an action has been commenced alleging conduct constituting</U></B> 7 <B><U>a sexual offense</U></B>, as defined in subdivision one of this section, against 8 the same victim; the counsel or guardian of such person; the public 9 officers and employees charged with the duty of investigating, prosecut- 10 ing, keeping records relating to the offense, or any other act when done 11 pursuant to the lawful discharge of their duties; and any necessary 12 witnesses for either party; or 13 b. Any person who, upon application to a court having jurisdiction 14 over the alleged offense <B><U>or action</U></B>, demonstrates to the satisfaction of 15 the court that good cause exists for disclosure to that person. Such 16 application shall be made upon notice to the victim or other person 17 legally responsible for the care of the victim, and the public officer 18 or employee charged with the duty of prosecuting the offense; or 19 c. Any person or agency, upon written consent of the victim or other 20 person legally responsible for the care of the victim, except as may be 21 otherwise required or provided by the order of a court. 22 3. The court having jurisdiction over the alleged offense <B><U>or action</U></B> 23 may order any restrictions upon disclosure authorized in subdivision two 24 of this section, as it deems necessary and proper to preserve the confi- 25 dentiality of the identity of the victim. 26 4. Nothing contained in this section shall be construed to require the 27 court to exclude the public from any stage of the criminal <B><U>or civil</U></B> 28 proceeding. 29 5. No disclosure of confidential HIV related information, as defined 30 in section twenty-seven hundred eighty of the public health law, includ- 31 ing the identity of the victim of an offense involving transmission of 32 the human immunodeficiency virus, shall be permitted under this section 33 contrary to article twenty-seven-F of the public health law. 34 § 2. This act shall take effect immediately. |
|---|