§ 50-b. Right of privacy; victims of sex offenses or offenses\ninvolving the transmission of the human immunodeficiency virus.
1.The\nidentity of any victim of a sex offense, as defined in article one\nhundred thirty or section 255.25, 255.26 or 255.27 of the penal law, or\nof an offense involving the alleged transmission of the human\nimmunodeficiency virus, shall be confidential. No report, paper,\npicture, photograph, court file or other documents, in the custody or\npossession of any public officer or employee, which identifies such a\nvictim shall be made available for public inspection. No such public\nofficer or employee shall disclose any portion of any police report,\ncourt file, or other document, which tends to identify such a victim\nexcept as provided in subdivision two of
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§ 50-b. Right of privacy; victims of sex offenses or offenses\ninvolving the transmission of the human immunodeficiency virus. 1. The\nidentity of any victim of a sex offense, as defined in article one\nhundred thirty or section 255.25, 255.26 or 255.27 of the penal law, or\nof an offense involving the alleged transmission of the human\nimmunodeficiency virus, shall be confidential. No report, paper,\npicture, photograph, court file or other documents, in the custody or\npossession of any public officer or employee, which identifies such a\nvictim shall be made available for public inspection. No such public\nofficer or employee shall disclose any portion of any police report,\ncourt file, or other document, which tends to identify such a victim\nexcept as provided in subdivision two of this section.\n 2. The provisions of subdivision one of this section shall not be\nconstrued to prohibit disclosure of information to:\n a. Any person charged with the commission of an offense, as defined in\nsubdivision one of this section, against the same victim; the counsel or\nguardian of such person; the public officers and employees charged with\nthe duty of investigating, prosecuting, keeping records relating to the\noffense, or any other act when done pursuant to the lawful discharge of\ntheir duties; and any necessary witnesses for either party; or\n b. Any person who, upon application to a court having jurisdiction\nover the alleged offense, demonstrates to the satisfaction of the court\nthat good cause exists for disclosure to that person. Such application\nshall be made upon notice to the victim or other person legally\nresponsible for the care of the victim, and the public officer or\nemployee charged with the duty of prosecuting the offense; or\n c. Any person or agency, upon written consent of the victim or other\nperson legally responsible for the care of the victim, except as may be\notherwise required or provided by the order of a court.\n 3. The court having jurisdiction over the alleged offense may order\nany restrictions upon disclosure authorized in subdivision two of this\nsection, as it deems necessary and proper to preserve the\nconfidentiality of the identity of the victim.\n 4. Nothing contained in this section shall be construed to require the\ncourt to exclude the public from any stage of the criminal proceeding.\n 5. No disclosure of confidential HIV related information, as defined\nin section twenty-seven hundred eighty of the public health law,\nincluding the identity of the victim of an offense involving\ntransmission of the human immunodeficiency virus, shall be permitted\nunder this section contrary to article twenty-seven-F of the public\nhealth law.\n