Section 50-B. Right of privacy; victims of sex offenses or offenses involving the transmission of the human immunodeficiency virus  


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  • 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.