N.Y. Civil Rights Law § 50-b: Right of privacy; victims of sex offenses or offenses involving the transmission of the human immunodeficiency virus

§ 50-b. Right of privacy; victims of sex offenses or offenses

involving the transmission of the human immunodeficiency virus. 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 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. The provisions of subdivision one of this section shall not be

construed to prohibit disclosure of information to:

a. Any person charged with the commission of an offense, as defined in

subdivision one of this section, against the same victim; the counsel or

guardian of such person; the public officers and employees charged with

the duty of investigating, prosecuting, keeping records relating to the

offense, or any other act when done pursuant to the lawful discharge of

their duties; and any necessary witnesses for either party; or

b. Any person who, upon application to a court having jurisdiction

over the alleged offense, demonstrates to the satisfaction of the court

that good cause exists for disclosure to that person. Such application

shall be made upon notice to the victim or other person legally

responsible for the care of the victim, and the public officer or

employee charged with the duty of prosecuting the offense; or

c. Any person or agency, upon written consent of the victim or other

person legally responsible for the care of the victim, except as may be

otherwise required or provided by the order of a court.

3. The court having jurisdiction over the alleged offense may order

any restrictions upon disclosure authorized in subdivision two of this

section, as it deems necessary and proper to preserve the

confidentiality of the identity of the victim.

4. Nothing contained in this section shall be construed to require the

court to exclude the public from any stage of the criminal proceeding.

5. No disclosure of confidential HIV related information, as defined

in section twenty-seven hundred eighty of the public health law,

including the identity of the victim of an offense involving

transmission of the human immunodeficiency virus, shall be permitted

under this section contrary to article twenty-seven-F of the public

health law.