NY-CVR Civil Rights Law NY

Section. 1. Short title. This chapter shall be known as the "Civil

Rights Law."

Definitions. The term "minor" or "infant", as used in this

chapter, shall mean a person who has not attained the age of eighteen

years.

Supreme sovereignty in the people. No authority can, on any

pretence whatsoever, be exercised over the citizens of this state, but

such as is or shall be derived from and granted by the people of this

state.

Levying taxes and charges. No tax, duty, aid or imposition

whatsoever, except such as may be laid by a law of the United States,

can be taken or levied within this state, without the grant and assent

of the people of this state, by their representatives in senate and

assembly; and no citizen of this state can be by any means compelled to

contribute to any gift, loan, tax, or other like charge, not laid or

imposed by a law of the United States, or by the legislature of this

state.

Right to keep and bear arms. A well regulated militia being

necessary to the security of a free state, the right of the people to

keep and bear arms cannot be infringed.

Military service by citizens. No citizen of this state can be

constrained to arm himself, or to go out of this state, or to find

soldiers or men of arms, either horsemen or footmen, without the grant

and assent of the people of this state, by their representatives in

senate and assembly, except in the cases specially provided for by the

constitution of the United States.

Exemption from military service. All such inhabitants of this

state of any religious denomination whatever, as from scruples of

conscience may be averse to bearing arms, are to be excused therefrom by

paying to the state an equivalent in money; and the legislature is

required to provide by law for the collection of such equivalent, to be

estimated according to the expense, in time and money, of an ordinary

able-bodied militiaman.

Quartering soldiers. No soldier can in time of peace be quartered

in any house, without the consent of the owner; nor in time of war, but

in a manner to be prescribed by law.

Right of search and seizure. The right of the people to be secure

in their persons, houses, papers and effects, against unreasonable

searches and seizures, shall not be violated; and no warrants can issue

but upon probable cause supported by oath or affirmation, and

particularly describing the place to be searched, and the persons or

things to be seized.

Freedom of elections. All elections ought to be free; and no

person by force of arms, malice, menacing, or otherwise, should presume

to disturb or hinder any citizen of this state in the free exercise of

the right of suffrage.

Justice to be administered without favor and speedily. Neither

justice nor right should be sold to any person, nor denied, nor

deferred; and writs and process ought to be granted freely and without

delay, to all persons requiring the same, on payment of the fees

established by law.

Fines must be reasonable and imposed only for cause. No citizen

of this state ought to be fined or amerced without reasonable cause, and

such fine or amercement should always be proportioned to the nature of

the offense.

Rights of persons accused of crime. In all criminal

prosecutions, the accused has a right to a speedy and public trial, by

an impartial jury, and is entitled to be informed of the nature and

cause of the accusation; to be confronted with the witnesses against him

or her; and to have compulsory process for obtaining witnesses in his or

her favor. A noncitizen is not entitled to a jury, composed in part of

noncitizens or strangers, in an action or special proceeding civil or

criminal.

Right to serve on juries. No citizen of the state possessing all

other qualifications which are or may be required or prescribed by law,

shall be disqualified to serve as a grand or petit juror in any court of

this state on account of race, creed, color, national origin or sex, and

any person charged with any duty in the selection or summoning of jurors

who shall exclude or fail to summon any citizen for any of the causes

aforesaid shall, on conviction thereof, be deemed guilty of a

misdemeanor and be fined not less than one hundred dollars nor more than

five hundred dollars or imprisoned not less than thirty days, nor more

than ninety days, or both such fine and imprisonment.

Jurors not to be questioned for verdicts. A juror shall not be

questioned, and is not subject to an action, or other liability civil or

criminal, for a verdict rendered by him, in an action in a court of

record, or not of record, or in a special proceeding before an officer,

except by indictment, for corrupt conduct, in a case prescribed by law.

Right of appeal not to be denied. Notwithstanding the provisions

of any general or special law to the contrary, a citizen shall not be

deprived of the right to appeal to the legislature, or to any public

officer, board, commission or other public body, for the redress of

grievances, on account of employment in the civil service of the state

or any of its civil divisions or cities.

Findings and declarations of policy. 1. This article shall be

deemed an exercise of the police power of the state for the protection

of the welfare, health and peace of the people of this state and the

fulfillment and enforcement of the provisions of the constitution of

this state concerning civil rights.

2. The practice of discrimination because of race, color, religion,

national origin or ancestry in any publicly assisted housing

accommodations is hereby declared to be against public policy.

Definitions. When used in this article:

1. The term "person" includes one or more individuals, partnerships,

associations, corporations, legal representatives, trustees, trustees in

bankruptcy and receivers or other fiduciaries.

2. The term "housing accommodation" includes any building, structure,

or portion thereof which is used or occupied or is intended, arranged or

designed to be used or occupied, as the home, residence or sleeping

place of one or more human beings, but shall not include any

accommodations operated by a religious or denominational organization as

part of its religious or denominational activities.

3. The term "publicly assisted housing accommodation" includes any

housing accommodation within the state of New York

(a) which, after July first, nineteen hundred fifty, is granted

exemption in whole or in part from taxes levied by the state or any of

its political subdivisions;

(b) which is constructed after July first, nineteen hundred fifty, on

land sold below cost by the state or any of its political subdivisions

or any agency thereof, pursuant to the federal housing act of nineteen

hundred forty-nine;

(c) which is constructed after July first, nineteen hundred fifty, in

whole or in part on property acquired or assembled by the state or any

of its political subdivisions or any agency thereof through the power of

condemnation or otherwise for the purpose of such construction;

(d) for the acquisition, construction, repair or maintenance of which

the state or any of its political subdivisions or any agency thereof

supplies, after July first, nineteen hundred fifty, funds or other

financial assistance;

(e) (1) which is located in a multiple dwelling; and (2) the

acquisition, construction, rehabilitation, repair or maintenance of

which is, after July first, nineteen hundred fifty-five, financed in

whole or in part by a loan, whether or not secured by a mortgage, the

repayment of which is guaranteed or insured by the federal government or

any agency thereof, or the state or any of its political subdivisions or

any agency thereof, provided that such a housing accommodation shall be

deemed to be publicly assisted only during the life of such loan and

such guaranty or insurance; or

(f) which is offered for sale by a person who owns or otherwise

controls the sale of ten or more housing accommodations located on land

that is contiguous (exclusive of public streets), if (1) the

acquisition, construction, rehabilitation, repair or maintenance of such

housing accommodations is, after July first, nineteen hundred

fifty-five, financed in whole or in part by a loan, whether or not

secured by a mortgage, the repayment of which is guaranteed or insured

by the federal government or any agency thereof, or the state or any of

its political subdivisions or any agency thereof, provided that such a

housing accommodation shall be deemed to be publicly assisted only

during the life of such loan and guaranty or insurance, or (2) a

commitment, issued by a government agency after July first, nineteen

hundred fifty-five, is outstanding that acquisition of such housing

accommodations may be financed in whole or in part by a loan, whether or

not secured by a mortgage, the repayment of which is guaranteed or

insured by the federal government or any agency thereof, or the state or

any of its political subdivisions or any agency thereof.

4. The term "owner" includes the lessee, sub-lessee, assignee,

managing agent, or other person having the right of ownership or

possession or the right to rent or lease housing accommodations and

includes the state and any of its political subdivisions and any agency

thereof.

5. The term "discriminate" includes to segregate or separate.

6. The term "multiple dwelling", as herein used, means a dwelling

which is occupied, as a rule, for permanent residence purposes and which

is either rented, leased, let or hired out, to be occupied as the

residence or home of three or more families living independently of each

other. A "multiple dwelling" shall not be deemed to include a hospital,

convent, monastery, asylum or public institution, or a fireproof

building used wholly for commercial purposes except for not more than

one janitor's apartment and not more than one penthouse occupied by not

more than two families. The term "family," as used herein, means either

a person occupying a dwelling and maintaining a household, with not more

than four boarders, roomers or lodgers, or two or more persons occupying

a dwelling, living together and maintaining a common household, with not

more than four boarders, roomers or lodgers. A "boarder," "roomer" or

"lodger" residing with a family means a person living within the

household who pays a consideration for such residence and does not

occupy such space within the household as an incident of employment

therein.

Discrimination prohibited. It shall be unlawful:

1. For the owner of any publicly assisted housing accommodation to

refuse to rent or lease or otherwise to deny to or withhold from any

person or group of persons such housing accommodation because of the

race, color, religion, national origin or ancestry of such person or

persons.

2. For the owner of any publicly assisted housing accommodation to

discriminate against any person because of the race, color, religion,

national origin or ancestry of such person in the terms, conditions or

privileges of any publicly assisted housing accommodations or in the

furnishing of facilities or services in connection therewith.

3. For any person to cause to be made any written or oral inquiry

concerning the race, color, religion, national origin or ancestry of a

person seeking to rent or lease any publicly assisted housing

accommodation.

Restraint of discrimination; damages for violations. 1. Any

person aggrieved by a violation of section eighteen-c of this chapter

and any person whose assessment shall amount to more than one thousand

dollars and who shall be liable to pay taxes on such assessment in any

county, town, village or municipal corporation in the state or who has

been assessed or who has paid taxes upon any assessment of the

above-named amount within one year previous to the initiation of an

action under this section shall have a right of action in any court of

appropriate jurisdiction for restraint of such violation and for other

equitable remedies including such affirmative relief as may be necessary

to undo the effects of such violation.

2. Any person aggrieved by a violation of section eighteen-c of this

chapter shall in addition have a right of action in any court of

appropriate jurisdiction for damages caused by such violation.

3. At or before the commencement of any action under this section,

notice thereof shall be served upon the attorney general.

Applicability. The provisions of this section shall not apply

to privately owned housing accommodations which are not publicly

assisted within the meaning of section eighteen-b (3) of this chapter.

Prohibition against unreasonable withholding of consent. 1.

No corporation formed for the purpose of the cooperative ownership of

real estate within the state shall withhold its consent to the sale or

proposed sale of certificates of stock or other evidence of ownership of

an interest in such corporation because of the race, creed, national

origin, or sex of the purchaser.

2. For the purposes of this section a "corporation" shall include the

cooperative management, cooperative tenants, cooperative shareholders,

or any appointee or successor in interest of a corporation.

3. This section shall apply to every sale or proposed sale whether by

a corporation directly, its successor in interest, or by any other

lawfully entitled party.

4. Every agreement, negative covenant, restrictive covenant or other

provision, whether written or oral and wherever contained, inconsistent

with this section shall be void and unenforceable.

Restraint of discrimination; damages for violations. Any

person aggrieved by a violation of section nineteen-a, including but not

be limited to, any person who has made a loan, authorized by law, for

the purpose of financing the purchase of certificates of stock or other

evidence of ownership of an interest in a corporation formed for the

purpose of the cooperative ownership of real estate with the state, or

any of their lawful successors in interest shall have a right of action

in any court of appropriate jurisdiction to restrain such violation and

for other equitable remedies, including such affirmative and other

relief as may be necessary to undo the effects of such violation.

No imprisonment for non-payment of costs in certain cases. A

person shall not be arrested or imprisoned, for the non-payment of

costs, awarded otherwise than by a final judgment, or a final order,

made in a special proceeding instituted by state writ, except where an

attorney, counselor, or other officer of the court, is ordered to pay

costs for misconduct as such, or a witness is ordered to pay costs on an

attachment for non-attendance.

No imprisonment for non-payment of money pursuant to judgment or

order requiring payment of money due upon contract. Except in a case

where it is otherwise specially prescribed by law, a person shall not be

arrested or imprisoned for disobedience to a judgment or order,

requiring the payment of money due upon a contract, express or implied,

or as damages for non-performance of a contract.

Privilege of officers and prisoner from arrest while passing

through another county. A prisoner conveyed to jail through another

county by a sheriff or other officer pursuant to law, or the officer

having him in custody, is not liable to arrest in any civil action or

special proceeding, while passing through another county.

No person to be arrested in civil proceedings without a

statutory provision. A person shall not be arrested in a civil action or

special proceeding, except as prescribed by statute. The writ of ne

exeat is abolished.

Privilege from arrest of officers of courts of record. An

officer of a court of record, appointed or elected pursuant to law, is

privileged from arrest, during the actual sitting, which he is required

to attend, of a term of the court of which he is an officer, and no

longer; but an attorney or counselor is not thus privileged, unless he

is employed in a cause, to be heard at that term.

Witness exempt from arrest. A person duly and in good faith

subpoenaed or ordered to attend, for the purpose of being examined, in a

case where his attendance may lawfully be enforced by attachment or by

commitment, is privileged from arrest in a civil action or special

proceeding, while going to, remaining at, and returning from, the place

where he is required to attend. An arrest, made contrary to the

provisions of this section, is absolutely void and is a contempt of the

court, if any, from which the subpoena was issued, or by which the

witness was directed to attend.

Action against officer making arrest of exempt person. An action

may be maintained, by the person arrested, against the officer or other

person making an arrest contrary to the provisions of the last section,

in which the plaintiff is entitled to recover treble damages. A similar

action may also be maintained, in a like case, by the party in whose

behalf the witness was subpoenaed, or the order procured, to recover the

damages sustained by him, in consequence of the arrest. But a sheriff,

or other officer, or person, is not so liable, unless the person

claiming an exemption from arrest, makes, if required by the sheriff or

officer, an affidavit, to the effect that he was legally subpoenaed or

ordered to attend, and that he was not so subpoenaed or ordered by his

own procurement, with the intent of avoiding arrest. In his affidavit he

must specify the court or officer, the place of attendance, and the

cause in which he was so subpoenaed or ordered. The affidavit may be

taken before the officer arresting him, and exonerates the officer from

liability for not making the arrest.

Discharge of exempt witness. Where a person has been arrested in

violation of section twenty-five, a justice of the supreme court, a

county judge or the court, if any, from which the subpoena was issued or

which ordered the witness to attend, or a judge thereof, shall order

such person discharged from the arrest upon proof, by affidavit, of the

facts.

* § 28. Medical attention for persons under arrest. When a person is

under arrest or otherwise in the custody of a police officer, peace

officer or other law enforcement representative or entity, such officer,

representative or entity shall have a duty to provide attention to the

medical and mental health needs of such person, and obtain assistance

and treatment of such needs for such person, which are reasonable and

provided in good faith under the circumstances. Any person who has not

received such reasonable and good faith attention, assistance or

treatment and who, as a result, suffers serious physical injury or

significant exacerbation of an injury or condition shall have a cause of

action against such officer, representative, and/or entity. In any such

civil action, the court, in addition to awarding actual damages and

costs, may award reasonable attorneys' fees to a successful plaintiff.

The provisions of this section are in addition to, but shall not

supersede, any other rights or remedies available in law or equity.

* NB There are 2 § 28's

Sensitive locations. 1. Definitions. For purposes of this

section, the following terms shall have the following meanings:

(a) "Sensitive location" means a privately owned or operated:

(i) location of any program licensed, regulated, certified, funded, or

approved by the office of children and family services that provides

services to children, youth, or young adults, any legally exempt

childcare provider, a childcare program for which a permit to operate

such program has been issued by the New York city department of health

and mental hygiene pursuant to the health code of the city of New York;

(ii) health care facility, including a doctor's office, hospital, or

any location providing health or behavioral health services;

(iii) house of worship, which means any building or structure that a

reasonable person would know that religious adherents collectively

recognize as a place to regularly gather for or to hold religious

worship activities or provide religious education or instruction, such

as a church, synagogue, temple, or mosque;

(iv) housing accommodation;

(v) non-public school;

(vi) private school established under chapter eight hundred

fifty-three of the laws of nineteen hundred seventy-six, or

state-supported school established in accordance with article

eighty-five of the education law;

(vii) not-for-profit or for-profit higher education institution;

(viii) nursery school;

(ix) summer camp;

(x) senior center;

(xi) park, playground, athletic field, or recreation center; or

(xii) location being utilized as a polling place in connection with

the conduct of an election for an elected position in any government.

(b) "Deny access" means declining to grant permission to enter and

declining to facilitate the entry of an individual to a sensitive

location.

(c) "Housing accommodation" means any building, structure, or portion

thereof which is used or occupied or is intended, arranged, or designed

to be used or occupied, as the home, residence, or sleeping place of one

or more human beings.

(d) "Immigration enforcement" has the same meaning as such term is

defined in section three hundred nineteen of the executive law.

2. Sensitive locations for immigration enforcement. (a) A sensitive

location is empowered to adopt policies and/or procedures, to the

maximum extent allowable under law, to deny access to any portion of the

sensitive location that is not accessible to the general public to any

individual seeking access for the purposes of immigration enforcement.

Any such policy or procedure shall not overcome any circumstance in

which the individual seeking access for the purposes of immigration

enforcement presents a court order issued by a judge appointed pursuant

to Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant

issued by a judge appointed pursuant to Article III of the United States

Constitution or a federal magistrate judge appointed pursuant to 28

U.S.C. § 631 authorizing them to take into custody the person who is the

subject of such warrant or judicial order.

(b) A sensitive location shall not be liable under state law if it

adopts any policy or practice of denying, or chooses to deny, access to

any portion of a sensitive location that is not accessible to the

general public to any individual seeking access for the purposes of

civil immigration enforcement without presenting a court order issued by

a judge appointed pursuant to Article III of the United States

Constitution or a federal magistrate judge appointed pursuant to 28

U.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant

to Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631 authorizing them to take

into custody the person who is the subject of such warrant or judicial

order.

3. Enforcement. The attorney general, the office of immigrant trust in

the department of law, an individual, or the owner or operator of the

sensitive location, including a local or state governmental entity that

operates out of a sensitive location, may apply for an order to the

supreme court of the state of New York to obtain appropriate injunctive

and declaratory relief with respect to any violation of this section.

4. Nothing in this section shall be construed to exempt entities

covered by this article from the requirements of article fifteen-AA of

the executive law, section thirty-two hundred one-b of the education

law, and article nineteen-D of the general municipal law, if otherwise

applicable.

5. The provisions of this section shall apply notwithstanding any

other provisions of state or local law, charter, code, ordinance,

resolution, rule, or regulation to the contrary. Provided, however, that

nothing in this article shall be construed to prevent or restrict the

state government from adopting, enacting, or enforcing state policies or

a local government from adopting, enacting, or enforcing local policies,

laws, resolutions, ordinances, or regulations which comply with at least

the applicable standards or requirements of this section, or which

exceed the provisions of this section, or which further restrict the

ability of state government or local government personnel to participate

in immigration enforcement beyond the requirements set forth in the

chapter of the laws of two thousand twenty-six that added this section.

Equal rights in places of public accommodation, resort or

amusement. All persons within the jurisdiction of this state shall be

entitled to the full and equal accommodations, advantages, facilities

and privileges of any places of public accommodations, resort or

amusement, subject only to the conditions and limitations established by

law and applicable alike to all persons. No person, being the owner,

lessee, proprietor, manager, superintendent, agent or employee of any

such place shall directly or indirectly refuse, withhold from or deny to

any person any of the accommodations, advantages, facilities or

privileges thereof, or directly or indirectly publish, circulate, issue,

display, post or mail any written or printed communication, notice or

advertisement, to the effect that any of the accommodations, advantages,

facilities and privileges of any such place shall be refused, withheld

from or denied to any person on account of race, creed, color or

national origin, or that the patronage or custom thereat, of any person

belonging to or purporting to be of any particular race, creed, color or

national original is unwelcome, objectionable or not acceptable, desired

or solicited. The production of any such written or printed

communication, notice or advertisement, purporting to relate to any such

place and to be made by any person being the owner, lessee, proprietor,

superintendent or manager thereof, shall be presumptive evidence in any

civil or criminal action that the same was authorized by such person. A

place of public accommodation, resort or amusement within the meaning of

this article, shall be deemed to include inns, taverns, road houses,

hotels, whether conducted for the entertainment of transient guests or

for the accommodation of those seeking health, recreation or rest, or

restaurants, or eating houses, or any place where food is sold for

consumption on the premises; buffets, saloons, barrooms, or any store,

park or enclosure where spirituous or malt liquors are sold; ice cream

parlors, confectioneries, soda fountains, and all stores where ice

cream, ice and fruit preparations or their derivatives, or where

beverages of any kind are retailed for consumption on the premises;

retail stores and establishments, dispensaries, clinics, hospitals,

bath-houses, barber-shops, beauty parlors, theatres, motion picture

houses, airdromes, roof gardens, music halls, race courses, skating

rinks, amusement and recreation parks, fairs, bowling alleys, golf

courses, gymnasiums, shooting galleries, billiard and pool parlors,

public libraries, kindergartens, primary and secondary schools, high

schools, academies, colleges and universities, extension courses, and

all educational institutions under the supervision of the regents of the

state of New York; and any such public library, kindergarten, primary

and secondary school, academy, college, university, professional school,

extension course, or other educational facility, supported in whole or

in part by public funds or by contributions solicited from the general

public; garages, all public conveyances, operated on land or water, as

well as the stations and terminals thereof; public halls and public

elevators of buildings and structures occupied by two or more tenants,

or by the owner and one or more tenants. With regard to institutions for

the care of neglected and/or delinquent children supported directly or

indirectly, in whole or in part, by public funds, no accommodations,

advantages, facilities and privileges of such institutions shall be

refused, withheld from or denied to any person on account of race or

color. Nothing herein contained shall be construed to modify or

supersede any of the provisions of the children's court act, the social

welfare law or the domestic relations court act of New York city in

regard to religion of custodial persons or agencies or to include any

institution, club, or place of accommodation which is in its nature

distinctly private, or to prohibit the mailing of a private

communication in writing sent in response to a specific written inquiry.

No institution, club, organization or place of accommodation which

sponsors or conducts any amateur athletic contest or sparring exhibition

and advertises or bills such contest or exhibition as a New York state

championship contest or uses the words "New York state" in its

announcements shall be deemed a private exhibition within the meaning of

this section.

Inquiry concerning religion or religious affiliations of

person seeking employment or official position in public schools

prohibited. No person, agency, bureau, corporation or association

employed or maintained to obtain or aid in obtaining positions for

teachers, principals, superintendents, clerks or other employees in the

public schools of the state of New York, and no individual or

individuals conducting or employed by or interested directly or

indirectly in such an agency, bureau, corporation or association, and no

board of education, trustee of a school district, superintendent,

principal or teacher of a public school or other official or employee of

a board of education, shall directly or indirectly ask, indicate or

transmit orally or in writing the religion or religious affiliation of

any person seeking employment or official position in the public schools

of the state of New York.

Wrongful refusal of admission to and ejection from places of

public entertainment and amusement. No person, agency, bureau,

corporation or association, being the owner, lessee, proprietor,

manager, superintendent, agent or employee of any place of public

entertainment and amusement as hereinafter defined shall refuse to admit

to any public performance held at such place any person over the age of

twenty-one years who presents a ticket of admission to the performance a

reasonable time before the commencement thereof, or shall eject or

demand the departure of any such person from such place during the

course of the performance, whether or not accompanied by an offer to

refund the purchase price or value of the ticket of admission presented

by such person; but nothing in this section contained shall be construed

to prevent the refusal of admission to or the ejection of any person

whose conduct or speech thereat or therein is abusive or offensive or of

any person engaged in any activity which may tend to a breach of the

peace.

The places of public entertainment and amusement within the meaning of

this section shall be legitimate theatres, burlesque theatres, music

halls, opera houses, concert halls and circuses.

Discrimination. 1. All persons within the jurisdiction of this

state shall be entitled to the equal protection of the laws of this

state or any subdivision thereof.

2. No person shall, because of race, creed, color, national origin,

sex, marital status, sexual orientation, gender identity or expression,

or disability, as such term is defined in section two hundred ninety-two

of the executive law, be subjected to any discrimination in his or her

civil rights, or to any harassment, as defined in section 240.25 of the

penal law, in the exercise thereof, by any other person or by any firm,

corporation or institution, or by the state or any agency or subdivision

of the state.

Penalty for violation. Any person who shall violate any of the

provisions of the foregoing section, or subdivision three of section

240.30 or section 240.31 of the penal law, or who shall aid or incite

the violation of any of said provisions shall for each and every

violation thereof be liable to a penalty of not less than one hundred

dollars nor more than five hundred dollars, to be recovered by the

person aggrieved thereby in any court of competent jurisdiction in the

county in which the defendant shall reside. In addition, any person who

shall violate any of the provisions of the foregoing section shall be

deemed guilty of a class A misdemeanor. At or before the commencement of

any action under this section, notice thereof shall be served upon the

attorney general.

Innkeepers and carriers refusing to receive guests and

passengers. A person, who, either on his own account or as agent or

officer of a corporation, carries on business as innkeeper, or as common

carrier of passengers, and refuses, without just cause or excuse, to

receive and entertain any guest, or to receive and carry any passenger,

is guilty of a misdemeanor.

Discrimination against person or class in price for admission.

If a person who owns, occupies, manages or controls a building, park,

inclosure or other place, opens the same to the public generally at

stated periods or otherwise, he shall not discriminate against any

person or class of persons in the price charged for admission thereto. A

person violating the provisions of this section is guilty of a

misdemeanor.

Discrimination against United States uniform. A person who

excludes from the equal enjoyment of any accommodation, facility or

privilege furnished by innkeepers or common carriers, amusement or

resort, any person lawfully wearing the uniform of the army, navy,

marine corps or revenue cutter service of the United States, because of

that uniform, is guilty of a misdemeanor.

Penalty for violation. Any person who or any agency, bureau,

corporation or association which shall violate any of the provisions of

sections forty, forty-a, forty-b or forty-two or who or which shall aid

or incite the violation of any of said provisions and any officer or

member of a labor organization, as defined by section forty-three of

this chapter, or any person representing any organization or acting in

its behalf who shall violate any of the provisions of section

forty-three of this chapter or who shall aid or incite the violation of

any of the provisions of such section shall for each and every violation

thereof be liable to a penalty of not less than one hundred dollars nor

more than five hundred dollars, to be recovered by the person aggrieved

thereby or by any resident of this state, to whom such person shall

assign his cause of action, in any court of competent jurisdiction in

the county in which the plaintiff or the defendant shall reside; and

such person and the manager or owner of or each officer of such agency,

bureau, corporation or association, and such officer or member of a

labor organization or person acting in his behalf, as the case may be

shall, also, for every such offense be deemed guilty of a misdemeanor,

and upon conviction thereof shall be fined not less than one hundred

dollars nor more than five hundred dollars, or shall be imprisoned not

less than thirty days nor more than ninety days, or both such fine and

imprisonment. At or before the commencement of any action under this

section, notice thereof shall be served upon the attorney general.

Discrimination by utility companies. It shall be unlawful for

any public utility company, as defined in the public service law, to

refuse to employ any person in any capacity in the operation or

maintenance of a public service on account of the race, creed, color or

national origin of such person.

Discrimination by labor organizations prohibited. As used in

this section, the term "labor organization" means any organization which

exists and is constituted for the purpose, in whole or in part, of

collective bargaining, or of dealing with employers concerning

grievances, terms or conditions of employment, or of other mutual aid or

protection. No labor organization shall hereafter, directly or

indirectly, by ritualistic practice, constitutional or by-law

prescription, by tacit agreement among its members, or otherwise, deny a

person or persons membership in its organization by reason of his race,

creed, color or national origin, or by regulations, practice or

otherwise, deny to any of its members, by reason of race, creed, color

or national origin, equal treatment with all other members in any

designation of members to any employer for employment, promotion or

dismissal by such employer.

Discrimination by industries involved in defense contracts. It

shall be unlawful for any person, firm or corporation engaged to any

extent whatsoever in the production, manufacture or distribution of

military or naval material, equipment or supplies for the state of New

York or for the federal government to refuse to employ any person in any

capacity on account of the race, color, creed or national origin of such

person.

Protecting civil and public rights. A person who: 1.

Excludes a citizen of this state, by reason of race, color, creed,

national origin or previous condition of servitude, from any public

employment or employment in any capacity in industries engaged in

defense contracts or from the equal enjoyment of any accommodation,

facility or privilege furnished by innkeepers or common carriers, or by

owners, managers or lessees of theatres or other places of amusement, or

by teachers and officers of common schools and public institutions of

learning; or,

2. Excludes a citizen of this state by reason of race, color, national

origin or previous condition of servitude from the equal enjoyment of

any accommodation, facility or privilege furnished by a cemetery

association or associations; or,

3. Denies or aids or incites another to deny to any other person

because of race, creed, color or national origin public employment or

employment in any capacity in industries engaged in war contracts or the

full enjoyment of any of the accommodations, advantages, facilities and

privileges of any hotel, inn, tavern, restaurant, public conveyance on

land or water, theatre or other place of public resort or amusement;

Is guilty of a misdemeanor, punishable by fine of not less than fifty

dollars nor more than five hundred dollars.

Powers of administration vested in industrial commissioner. The

industrial commissioner may enforce the provisions of sections

forty-two, forty-three and forty-four of this chapter. For this purpose

he may use the powers of administration, investigation, inquiry,

subpoena, and hearing vested in him by the labor law; he may require

submission at regular intervals or otherwise of information, records and

reports pertinent to discriminatory practices in industries.

Use of public facilities by persons with a disability. 1. No

person shall be denied admittance to and/or the equal use of and

enjoyment of any public facility solely because said person is a person

with a disability and is accompanied by a guide dog, hearing dog or

service dog.

2. For the purposes of this section the term "public facility" shall

include, but shall not be limited to, all modes of public and private

transportation, all forms of public and private housing accommodations

whether permanent or temporary, buildings to which the public is invited

or permitted, including those maintained by the state or by any

political subdivision thereof, all educational facilities and

institutions, including those maintained by the state or by any

political subdivision thereof, all places where food is offered for

sale, all theatres, including both live playhouses and motion picture

establishments and all other places of public accommodations,

convenience, resort, entertainment, or business to which the general

public or any classification of persons therefrom is normally or

customarily invited or permitted.

Employment of persons with a disability. Unless it can be

clearly shown that a person's disability would prevent such person from

performing the particular job no person who is otherwise qualified shall

be denied equal opportunities to obtain and/or maintain employment

and/or to advance in position in his job solely because said person is a

person with a disability and is accompanied by a guide dog, hearing dog

or service dog regardless of whether the employer or prospective

employer is the state or any political subdivision thereof or any other

category of employer.

Miscellaneous provisions. 1. Persons with a disability

accompanied by guide dogs, hearing dogs or service dogs shall be

guaranteed the right to have such dogs in their immediate custody while

exercising any of the rights and privileges set forth in this article,

provided that in instances of employment pursuant to section

forty-seven-a of this article, such dog has been trained by a qualified

person. Blind persons shall, further, have the right to carry a cane in

their immediate custody while exercising any of the rights and

privileges set forth in this section.

2. No person or legal entity, public or private, shall attempt to

impose or maintain any direct or indirect additional charge for the

admittance of a guide dog, hearing dog or service dog accompanying a

person with a disability, nor shall any conditions or restrictions not

specifically set forth in this article be imposed on the person's rights

as set forth herein.

3. A person engaged in training a dog to guide or otherwise aid

persons with a disability, while engaged in such training activities,

and a person with a disability for whom the dog is being trained, shall

have the same rights and privileges set forth for persons with a

disability in this article.

4. The term "guide dog", or "hearing dog" shall mean a dog that is

under the control, consistent with federal regulations implementing the

Americans with Disabilities Act, Title III, at 28 CFR 36.302(c), of the

person using or training it and has been or is being trained to guide or

otherwise to aid a person with a disability.

5. For the purposes of this article the term "disability" shall have

the same meaning as provided for in subdivision twenty-one of section

two hundred ninety-two of the executive law.

6. Any law, rule, or regulation conflicting with any provision of this

article is, to the extent of said conflict only, deemed to be superseded

by the provisions of this article.

7. "Service dog" means any dog under the control, consistent with

federal regulations implementing the Americans with Disabilities Act,

Title III, at 28 CFR 36.302(c), of the person using or training it, and

that has been or is being individually trained to do work or perform

tasks for the benefit of a person with a disability.

Penalties. 1. Any person or legal entity, public or private,

violating any provision of this article shall be guilty of a violation.

2. Any person or legal entity, public or private, violating section

forty-seven and/or subdivision one or two of section forty-seven-b of

this article two or more times within a two year period shall be guilty

of a violation punishable by a fine of one thousand dollars.

Definitions. As used in this article, the term "unique genetic

disorder" shall mean and be limited to sickle cell trait, carriers of

Tay-sachs disease or carriers of Cooley's anemia.

Employment of persons with certain genetic disorders. Unless

it can be clearly shown that a person's unique genetic disorder would

prevent such person from performing the particular job, no person who is

otherwise qualified shall be denied equal opportunities to obtain and/or

maintain employment and/or to advance in position in his job solely

because said person has a unique genetic disorder regardless of whether

the employer or prospective employer is the state or any political

subdivision thereof or any other category of employer.

Penalties. Any person or legal entity, public or private, who

or which violates any provision of section forty-eight-a of this article

shall be guilty of a violation.

Right of privacy. A person, firm or corporation that uses for

advertising purposes, or for the purposes of trade, the name, portrait,

picture, likeness, or voice of any living person without having first

obtained the written consent of such person, or if a minor of such

minor's parent or guardian, is guilty of a misdemeanor.

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.

Private right of action. If the identity of the victim of an

offense defined in subdivision one of section fifty-b of this article is

disclosed in violation of such section, any person injured by such

disclosure may bring an action to recover damages suffered by reason of

such wrongful disclosure. In any action brought under this section, the

court may award reasonable attorney's fees to a prevailing plaintiff.

Personnel records of court officers. 1. As used in this

section, "personnel records of court officers" means all personnel

records of court officers as defined in paragraph a of subdivision

twenty-one of section 2.10 of the criminal procedure law, used to

evaluate performance toward continued employment or promotion, and under

the control of the office of court administration.

2. Personnel records of court officers shall be disclosed in a court

action pursuant to the relevant provisions of the criminal procedure

law, the civil practice law and rules, or any other provision of law

governing such disclosure only after the court has notified the subject

of such record that such record may be disclosed in a court action and

the court has given the subject of such record an opportunity to be

heard on the question of whether the records sought are relevant and

material in the action before the court. If, after such hearing, the

court determines that only a portion of such records are relevant and

material in the action before it, it shall make those parts of the

record found to be relevant and material available to the persons so

requesting.

3. The provisions of this section shall not apply to any grand jury or

any agency of government which requires the records described in

subdivision one of this section in the furtherance of their official

duties.

Personnel records of bridge and tunnel officers, sergeants and

lieutenants. 1. As used in this section, "personnel records of bridge

and tunnel officers, sergeants and lieutenants" means all personnel

records of bridge and tunnel officers, sergeants and lieutenants as

defined in subdivision twenty of section 2.10 of the criminal procedure

law, used to evaluate performance toward continued employment or

promotion, and under the control of the Triborough bridge and tunnel

authority.

2. Personnel records of bridge and tunnel officers, sergeants and

lieutenants shall be disclosed in a court action pursuant to the

relevant provisions of the criminal procedure law, the civil practice

law and rules, or any other provision of law governing such disclosure

only after the court has notified the subject of such record that such

record may be disclosed in a court action and the court has given the

subject of such record an opportunity to be heard on the question of

whether the records sought are relevant and material in the action

before the court. If, after such hearing, the court determines that only

a portion of such records are relevant and material in the action before

it, it shall make those parts of the record found to be relevant and

material available to the persons so requesting.

3. The provisions of this section shall not apply to any grand jury or

any agency of government which requires the records described in

subdivision one of this section in the furtherance of their official

duties.

Right of publicity. 1. For purposes of this section:

a. "deceased performer" means a deceased personality domiciled in this

state at the time of death who, for gain or livelihood, was regularly

engaged in acting, singing, dancing, or playing a musical instrument.

b. "deceased personality" means any deceased natural person domiciled

in this state at the time of death whose name, voice, signature,

photograph, or likeness has commercial value at the time of such natural

person's death, or because of such natural person's death, whether or

not during the lifetime of that natural person the person used such

natural person's name, voice, signature, photograph, or likeness on or

in products, merchandise, or goods, or for purposes of advertising or

selling, or solicitation of purchase of, products, merchandise, goods,

or services.

c. "digital replica" means a newly created, computer-generated, highly

realistic electronic representation that is readily identifiable as the

voice or visual likeness of an individual that is embodied in a sound

recording, image, audiovisual work, including an audiovisual work that

does not have any accompanying sounds, or transmission in which: (i) the

actual individual did not actually perform or appear; or (ii) the actual

individual did perform or appear, but the fundamental character of the

performance or appearance has been materially altered. A digital replica

does not include the electronic reproduction, use of a sample of one

sound recording or audiovisual work into another, remixing, mastering,

or digital remastering of a sound recording or audiovisual work

authorized by the copyright holder.

d. "sound recordings" are works that result from the fixation of a

series of musical, spoken, or other sounds, but not including the sounds

accompanying a motion picture or other audiovisual work, regardless of

the nature of the material objects, such as disks, tapes, or other

phonorecords, in which they are embodied.

2. a. Any person who uses a deceased personality's name, voice,

signature, photograph, or likeness, in any manner, on or in products,

merchandise, or goods, or for purposes of advertising or selling, or

soliciting purchases of, products, merchandise, goods, or services,

without prior consent from the person or persons specified in

subdivision four of this section, shall be liable for any damages

sustained by the person or persons injured as a result thereof.

b. Any person who uses a deceased performer's digital replica in an

audiovisual work, sound recording, or for the live performance of a

musical work, with knowledge that the use was of a digital replica and

was not authorized by the applicable right holder, shall be liable for

any damages sustained by the person or persons injured as a result

thereof if the use occurs without prior consent from the person or

persons in subdivision four of this section.

c. In any action brought under this section:

i. the person who violated the section shall be liable to the injured

party or parties in an amount equal to the greater of two thousand

dollars or the compensatory damages suffered by the injured party or

parties, as a result of the unauthorized use, and any profits from the

unauthorized use that are attributable to such use and are not taken

into account in computing the compensatory damages.

ii. in establishing profits under this subdivision, the injured party

or parties shall be required to present proof only of the gross revenue

attributable to the unauthorized use, and the person who violated this

section is required to prove such person's deductible expenses.

iii. punitive damages may also be awarded to the injured party or

parties.

d. For purposes of this subdivision:

i. it shall not be a violation of paragraph a of this subdivision if

the work is a play, book, magazine, newspaper, or other literary work;

musical work or composition; work of art or other visual work; work of

political, public interest, educational or newsworthy value, including

comment, criticism, parody or satire; audio or audiovisual work, radio

or television program, if it is fictional or nonfictional entertainment;

or an advertisement or commercial announcement for any of the foregoing

works.

ii. it shall not be a violation of paragraph b of this subdivision if

the work is of parody, satire, commentary, or criticism; works of

political or newsworthy value, or similar works, such as documentaries,

docudramas, or historical or biographical works, including some degree

of fictionalization; a representation of a deceased performer as

themself, including some degree of fictionalization, except in a live

performance of a musical work; de minimis or incidental; or an

advertisement or commercial announcement for any of the foregoing works.

iii. it shall not be a violation of this section if the use of a name,

voice, signature, photograph, or likeness occurs in connection with any

news, public affairs, or sports program or account, regardless of

format, medium or means of transmission, or any political campaign.

iv. it shall not be a violation of this section if the use is of a

name, voice, signature, photograph, or likeness in a commercial medium

solely because the material containing the use is commercially sponsored

or contains paid advertising or product placement, or includes within it

a use in connection with a product, article of merchandise, good, or

service. Rather, it shall be a question of fact whether or not the use

of the deceased personality's name, voice, signature, photograph, or

likeness was so directly connected with the commercial sponsorship or

with the paid advertising or product placement as to constitute a use

for which consent is required under this subdivision.

v. works identified pursuant to this paragraph shall not violate this

section, regardless of the medium or means of transmission.

e. In relation to a violation of paragraph a of this subdivision, if a

work that is protected under paragraph d of this subdivision includes

within it a use in connection with a product, article of merchandise,

good, or service, this use shall not be exempt under paragraph d of this

subdivision, notwithstanding the unprotected use's inclusion in a work

otherwise exempt under paragraph d of this subdivision, if the claimant

proves that this use is so directly connected with a product, article of

merchandise, good, or service as to constitute an act of advertising,

selling, or soliciting purchases of that product, article of

merchandise, good, or service by the deceased personality without prior

consent for the use under paragraph a of this subdivision from the

person or persons specified in subdivision four of this section.

3. The rights recognized under this section are property rights,

freely transferable or descendible, in whole or in part, by contract,

license, gift, or by means of any trust or any other testamentary

instrument. In the absence of an express transfer in a testamentary

instrument of the deceased personality's rights in such deceased

personality's name, voice, signature, photograph, or likeness, a

provision in the testamentary instrument that provides for the

disposition of the residue of the deceased personality's assets shall be

effective to transfer the rights recognized under this section in

accordance with the terms of that provision. The rights established by

this section shall also be freely transferable or descendible by

contract, license, gift, trust, or any other testamentary instrument by

any subsequent owner of the deceased personality's rights as recognized

by this section. Nothing in this section shall be construed to render

invalid or unenforceable any contract entered into by a deceased

personality during such deceased personality's lifetime by which the

deceased personality assigned the rights, in whole or in part, to use

such deceased personality's name, voice, signature, photograph, or

likeness.

4. The consent required by this section shall be exercisable by the

person or persons to whom the right of consent, or portion thereof, has

been transferred in accordance with subdivision three of this section,

or if no transfer has occurred, then by the person or persons to whom

the right of consent, or portion thereof, has passed in accordance with

subdivision five of this section.

5. Subject to subdivisions three and four of this section, the rights

under this section of an individual dying intestate shall be distributed

under the laws of intestate succession, and the rights and remedies of

this article may be exercised and enforced by a person or persons who

possess at least a fifty-one percent interest of the individual's rights

under this section. Such persons shall make a proportional accounting

to, and shall act at all times in good faith with respect to, any other

person in whom the rights being enforced have vested.

6. If any deceased personality does not transfer such deceased

personality's rights under this section by contract, or by means of a

trust or testamentary instrument, and there are no surviving persons as

described in subdivision five of this section, then the rights set forth

in subdivision two of this section shall terminate.

7. a. Any person claiming to be a successor in interest to the rights

of a deceased personality under this section or a licensee thereof may

register that claim with the secretary of state on a form prescribed by

the secretary of state and upon payment of a fee, which the secretary of

state shall set by rule. The form shall be verified and shall include

the name and date of death of the deceased personality, the name and

address of the claimant, the basis of the claim, and the rights claimed.

A successor in interest to the rights of a deceased personality under

this section or a licensee thereof shall not have a cause of action for

a use prohibited by this section that occurs before the successor in

interest or licensee registers a claim of the rights.

b. Upon receipt and after filing of any document under this section,

the secretary of state shall post the document along with the entire

registry of persons claiming to be a successor in interest to the rights

of a deceased personality or a registered licensee under this section

upon the secretary of state's internet website.

c. Claims registered under this subdivision shall be public records.

8. An action shall not be brought under this section by reason of any

use of a deceased personality's name, voice, signature, photograph, or

likeness occurring after the expiration of forty years after the death

of the deceased personality.

9. Nothing in this section shall apply to the owners or employees of

any medium used for advertising, including, but not limited to,

newspapers, magazines, radio and television networks and stations,

streaming services, cable television systems, billboards, and transit

advertisements, by whom any advertisement or solicitation in violation

of this section is published or disseminated, unless it is established

that the owners or employees had actual knowledge by prior notification

of the unauthorized use of the deceased performer's digital replica or

deceased personality's name, voice, signature, photograph, or likeness

as prohibited by this section.

10. Nothing in this section shall apply to a person that offers a

service that displays, offers for sale or license, sells or licenses a

work of art or other visual work, or audiovisual work, to a user,

provided the terms of such sale or license do not authorize such user to

engage in acts that constitute a violation of this section, unless it is

established that the person received a notice from the successor in

interest of the deceased performer's digital replica rights based on a

good faith belief that the display, offer for sale or license of the

digital replica on the service is not authorized by the applicable right

holder or the law, and the person has not removed the work containing

the digital replica as soon as is technically and practically feasible.

11. The provisions of this section are in addition to, but shall not

supersede, any other rights or remedies available in law or equity.

12. This section shall apply to the adjudication of liability and the

imposition of any damages or other remedies in cases in which the

liability, damages, and other remedies arise from acts occurring

directly in this state. For purposes of this section, acts giving rise

to liability shall be limited to the use, on or in products,

merchandise, goods, or services, or the advertising or selling, or

soliciting purchases of, products, merchandise, goods, or services

prohibited by this section.

13. Nothing in this section shall be construed to limit, or to

enlarge, the protections that 47 U.S.C. § 230 confers on an interactive

computer service for content provided by another information content

provider, as such terms are defined in 47 U.S.C. § 230.

Disclosure of convictions sealed pursuant to section 160.57 of

the criminal procedure law. 1. Any person who has had a conviction

sealed pursuant to section 160.57 of the criminal procedure law may

bring a cause of action for damages against a party who, without consent

of such person, discloses such sealed conviction where: (a) the

respondent owed such person a duty of care pursuant to such section; (b)

the respondent knowingly and willfully breached such duty; (c) the

disclosure caused injury to such person; and (d) respondent's breach of

that duty was a substantial factor in the events that caused the injury

suffered by such person. The provisions of this section are in addition

to, but shall not supersede, any other rights or remedies available in

law or equity.

2. For purposes of this section, a party owes a duty of care to a

person who has had a conviction sealed pursuant to section 160.57 of the

criminal procedure law when the party is under an obligation pursuant to

subdivision two of such section to seal information, records, documents

or papers related to such conviction, or when the party obtains access

to records of such conviction for a specified purpose pursuant to

paragraph (d) of subdivision one, or subdivision three of such section.

Action for injunction and for damages. Any person whose name,

portrait, picture, likeness or voice is used within this state for

advertising purposes or for the purposes of trade without the written

consent first obtained as above provided may maintain an equitable

action in the supreme court of this state against the person, firm or

corporation so using such person's name, portrait, picture, likeness or

voice, to prevent and restrain the use thereof; and may also sue and

recover damages for any injuries sustained by reason of such use and if

the defendant shall have knowingly used such person's name, portrait,

picture, likeness or voice in such manner as is forbidden or declared to

be unlawful by section fifty of this article, the jury, in its

discretion, may award exemplary damages. But nothing contained in this

article shall be so construed as to prevent any person, firm or

corporation from selling or otherwise transferring any material

containing such name, portrait, picture, likeness or voice in whatever

medium to any user of such name, portrait, picture, likeness or voice,

or to any third party for sale or transfer directly or indirectly to

such a user, for use in a manner lawful under this article; nothing

contained in this article shall be so construed as to prevent any

person, firm or corporation, practicing the profession of photography,

from exhibiting in or about their establishment specimens of the work of

such establishment, unless the same is continued by such person, firm or

corporation after written notice objecting thereto has been given by the

person portrayed; and nothing contained in this article shall be so

construed as to prevent any person, firm or corporation from using the

name, portrait, picture, likeness or voice of any manufacturer or dealer

in connection with the goods, wares and merchandise manufactured,

produced or dealt in by such manufacturer or dealer which they have sold

or disposed of with such name, portrait, picture, likeness or voice used

in connection therewith; or from using the name, portrait, picture,

likeness or voice of any author, composer or artist in connection with

their literary, musical or artistic productions which they have sold or

disposed of with such name, portrait, picture, likeness or voice used in

connection therewith. Nothing contained in this section shall be

construed to prohibit the copyright owner of a sound recording from

disposing of, dealing in, licensing or selling that sound recording to

any party, if the right to dispose of, deal in, license or sell such

sound recording has been conferred by contract or other written document

by such living person or the holder of such right. Nothing contained in

the foregoing sentence shall be deemed to abrogate or otherwise limit

any rights or remedies otherwise conferred by federal law or state law.

Televising, broadcasting or taking motion pictures of certain

proceedings prohibited. No person, firm, association or corporation

shall televise, broadcast, take motion pictures or arrange for the

televising, broadcasting, or taking of motion pictures within this state

of proceedings, in which the testimony of witnesses by subpoena or other

compulsory process is or may be taken, conducted by a court, commission,

committee, administrative agency or other tribunal in this state; except

that the prohibition contained in this section shall not apply to public

hearings conducted by the public service commission with regard to rates

charged by utilities, or to proceedings by either house of the state

legislature or committee or joint committee of the legislature or by a

temporary state commission which includes members of the legislature, so

long as any testimony of witnesses which is taken is taken without

resort to subpoena or other compulsory process, if (1) the consent of

the temporary president of the senate or the speaker of the assembly, in

the case of the respective houses of the state legislature, or the

chairman, in the case of such a committee or commission, and a majority

of the members thereof present at such proceedings, shall have been

first obtained, provided, however, that in the case of the public rate

hearings of the public service commission, it shall be sufficient to

obtain the consent of the presiding officer, (2) the written consent of

the witness testifying at the time shall have been obtained, prior to

the time of his testifying, and (3) it has been determined by such

presiding officer or chairman and such majority of the members that it

is in the public interest to permit the televising, broadcasting or

taking of motion pictures.

Any violation of this section shall be a misdemeanor.

Private right of action for unwarranted video imaging of

residential premises. 1. Any owner or tenant of residential real

property shall have a private right of action for damages against any

person who installs or affixes a video imaging device on property

adjoining such residential real property for the purpose of video taping

or taking moving digital images of the recreational activities which

occur in the backyard of the residential real property without the

written consent thereto of such owner and/or tenant with intent to

harass, annoy or alarm another person, or with intent to threaten the

person or property of another person. The provisions of this section

shall not apply to any law enforcement personnel engaged in the conduct

of their authorized duties.

2. For the purposes of this section, "backyard" shall mean that

portion of the parcel on which residential real property is located

which extends beyond the rear footprint of the residential dwelling

situated thereon, and to the side and rear boundaries of such parcel

extending beyond the rear footprint of such residential dwelling.

Private right of action for unlawful dissemination or

publication of an intimate image. 1. Any person depicted in a still or

video image, including an image created or altered by digitization,

regardless of whether or not the original still or video image was

consensually obtained, shall have a cause of action against an

individual who, for the purpose of harassing, annoying or alarming such

person, disseminated or published, or threatened to disseminate or

publish, such still or video image, where such image:

a. was taken when such person had a reasonable expectation that the

image would remain private; and

b. depicts (i) an unclothed or exposed intimate part of such person;

or (ii) such person engaging in sexual conduct, as defined in

subdivision ten of section 130.00 of the penal law, with another person;

and

c. was disseminated or published, or threatened to be disseminated or

published, without the consent of such person.

2. In any action commenced pursuant to subdivision one of this

section, the finder of fact, in its discretion, may award injunctive

relief, punitive damages, compensatory damages and reasonable court

costs and attorney's fees.

3. This section shall not apply to the following:

a. the reporting of unlawful conduct;

b. dissemination or publication of an intimate still or video image

made during lawful and common practices of law enforcement, legal

proceedings or medical treatment;

c. images involving voluntary exposure in a public or commercial

setting; or

d. dissemination or publication of an intimate still or video image

made for a legitimate public purpose.

4. Any person depicted in a still or video image, including an image

created or altered by digitization, that depicts an unclothed or exposed

intimate part of such person, or such person engaging in sexual conduct

as defined in subdivision ten of section 130.00 of the penal law with

another person, which is disseminated or published without the consent

of such person and where such person had a reasonable expectation that

the image would remain private, may maintain an action or special

proceeding for a court order to require any website that is subject to

personal jurisdiction under subdivision five of this section to

permanently remove such still or video image; any such court order

granted pursuant to this subdivision may direct removal only as to

images that are reasonably within such website's control.

5. a. Any website that hosts or transmits a still or video image,

including an image created or altered by digitization, viewable in this

state, taken under circumstances where the person depicted had a

reasonable expectation that the image would remain private, which

depicts:

(i) an unclothed or exposed intimate part, as defined in section

245.15 of the penal law, of a resident of this state; or

(ii) a resident of this state engaging in sexual conduct as defined in

subdivision ten of section 130.00 of the penal law with another person;

and

b. Such still or video image is hosted or transmitted without the

consent of such resident of this state, shall be subject to personal

jurisdiction in a civil action in this state to the maximum extent

permitted under the United States constitution and federal law.

6. A cause of action or special proceeding under this section shall be

commenced the later of either:

a. three years after the dissemination or publication of an image; or

b. one year from the date a person discovers, or reasonably should

have discovered, the dissemination or publication of such image.

7. Nothing herein shall be read to require a prior criminal complaint,

prosecution or conviction to establish the elements of the cause of

action provided for by this section.

8. The provisions of this section are in addition to, but shall not

supersede, any other rights or remedies available in law or equity.

9. If any provision of this section or its application to any person

or circumstance is held invalid, the invalidity shall not affect other

provisions or applications of this section which can be given effect

without the invalid provision or application, and to this end the

provisions of this section are severable.

10. Nothing in this section shall be construed to limit, or to

enlarge, the protections that 47 U.S.C § 230 confers on an interactive

computer service for content provided by another information content

provider, as such terms are defined in 47 U.S.C. § 230.

11. For purposes of this section, "digitization" means the use of

software, machine learning, artificial intelligence, or any other

computer-generated or technological means, including adapting,

modifying, manipulating, or altering a realistic depiction.

* § 52-c. Private right of action for unlawful dissemination or

publication of a sexually explicit depiction of an individual. 1. For

the purposes of this section:

a. "depicted individual" means an individual who appears, as a result

of digitization, to be giving a performance they did not actually

perform or to be performing in a performance that was actually performed

by the depicted individual but was subsequently altered to be in

violation of this section.

b. "digitization" means to realistically depict the nude body parts of

another human being as the nude body parts of the depicted individual,

computer-generated nude body parts as the nude body parts of the

depicted individual or the depicted individual engaging in sexual

conduct, as defined in subdivision ten of section 130.00 of the penal

law, in which the depicted individual did not engage. "Digitization" may

also mean the use of software, machine learning, artificial

intelligence, or any other computer-generated or technological means,

including adapting, modifying, manipulating, or altering a realistic

depiction.

c. "individual" means a natural person.

d. "person" means a human being or legal entity.

e. "sexually explicit material" means any portion of an audio visual

work that shows the depicted individual:

i. performing in the nude, meaning with an unclothed or exposed

intimate part, as defined in section 245.15 of the penal law;

ii. appearing to engage in, or being subjected to, sexual conduct, as

defined in subdivision ten of section 130.00 of the penal law; or

iii. posed in a manner intended to elicit sexual arousal or

gratification and where a person would have a reasonable expectation of

privacy.

2. a. A depicted individual shall have a cause of action against a

person who, discloses, disseminates or publishes sexually explicit

material related to the depicted individual, and the person knows or

reasonably should have known the depicted individual in that material

did not consent to its creation, disclosure, dissemination, or

publication.

b. It shall not be a defense to an action under this section that

there is a disclaimer in the sexually explicit material that

communicates that the inclusion of the depicted individual in the

sexually explicit material was unauthorized or that the depicted

individual did not participate in the creation or development of the

material.

3. a. A depicted individual may only consent to the creation,

disclosure, dissemination, or publication of sexually explicit material

by knowingly and voluntarily signing an agreement written in plain

language that includes a general description of the sexually explicit

material and the audiovisual work in which it will be incorporated.

b. A depicted individual may rescind consent by delivering written

notice within three business days from the date consent was given to the

person in whose favor consent was made, unless one of the following

requirements is satisfied:

i. the depicted individual is given at least three business days to

review the terms of the agreement before signing it; or

ii. if the depicted individual is represented, the attorney, talent

agent, or personal manager authorized to represent the depicted

individual provides additional written approval of the signed agreement.

4. a. A person is not liable under this section if:

i. the person discloses, disseminates or publishes the sexually

explicit material in the course of reporting unlawful activity,

exercising the person's law enforcement duties, or hearings, trials or

other legal proceedings; or

ii. the sexually explicit material is a matter of legitimate public

concern, a work of political or newsworthy value or similar work, or

commentary, criticism or disclosure that is otherwise protected by the

constitution of this state or the United States; provided that sexually

explicit material shall not be considered of newsworthy value solely

because the depicted individual is a public figure.

5. In any action commenced pursuant to this section, the finder of

fact, in its discretion, may award injunctive relief, punitive damages,

compensatory damages, and reasonable court costs and attorney's fees.

6. A cause of action or special proceeding under this section shall be

commenced the later of either:

a. three years after the dissemination or publication of sexually

explicit material; or

b. one year from the date a person discovers, or reasonably should

have discovered, the dissemination or publication of such sexually

explicit material.

7. Nothing in this section shall be read to require a prior criminal

complaint, prosecution or conviction to establish the elements of the

cause of action provided for in this section.

8. The provisions of this section including the remedies are in

addition to, and shall not supersede, any other rights or remedies

available in law or equity.

9. If any provision of this section or its application to any person

or circumstance is held invalid, the invalidity shall not affect other

provisions or applications of this section which can be given effect

without the invalid provision or application, and to this end the

provisions of this section are severable.

10. Nothing in this section shall be construed to limit, or to

enlarge, the protections that 47 U.S.C. § 230 confers on an interactive

computer service for content provided by another information content

provider, as such terms are defined in 47 U.S.C. § 230.

* NB There are 2 § 52-c's

Private right of action for unlawful dissemination or

publication of a personal image. 1. Any crime victim depicted in a still

or video image which was unlawfully disseminated as provided in section

250.71 of the penal law shall have a cause of action against such

individual who disseminated or published such still or video image

without the consent of the person depicted in the image in violation of

section 250.71 of the penal law.

2. In any action commenced pursuant to subdivision one of this

section, the finder of fact, in its discretion, may award injunctive

relief, punitive damages, compensatory damages and reasonable court

costs and attorneys' fees.

3. This section shall not apply to the following:

a. the reporting of suspected unlawful conduct to law enforcement;

b. the dissemination or publication of an image made in the course of

official law enforcement duties, legal proceedings or criminal

prosecution, or medical treatment; or

c. the dissemination or publication of an image made for a legitimate

public discourse concerning local, national, or worldwide events or

other matters of public concern or public interest or affecting the

public welfare; any work of public interest, educational or newsworthy

value, including comment, criticism, parody or satire, and works of

entertainment, regardless of the degree of fictionalization; or an

advertisement or commercial announcement for any of the foregoing works.

4. Any such crime victim depicted in a still or video image which was

unlawfully disseminated as provided in section 250.71 of the penal law,

or such person's estate, may maintain an action or special proceeding

for a court order to require any social media platform that is subject

to personal jurisdiction under subdivision five of this section to

permanently remove such still or video image; any such court order

granted pursuant to this subdivision may direct removal only as to

images that are reasonably within such social media platform's control.

5. A cause of action or special proceeding under this section shall be

commenced the later of either:

a. three years after the dissemination or publication of such image;

or

b. one year from the date the plaintiff or petitioners discovered, or

reasonably should have discovered, such dissemination or publication of

such image.

6. Nothing in this section shall be read to require a prior criminal

complaint, prosecution or conviction to establish the elements of the

cause of action provided for by this section.

7. The provisions of this section are in addition to, but shall not

supersede, any other rights or remedies available in law or equity.

8. If any provision of this section or its application to any person

or circumstance is held invalid, the invalidity shall not affect other

provisions or applications of this section which can be given effect

without the invalid provision or application, and to this end the

provisions of this section are severable.

9. Nothing in this section shall be construed to limit, or to enlarge,

the protections that 47 U.S.C. § 230 confers on an interactive computer

service for content provided by another information content provider, as

such terms are defined in 47 U.S.C. § 230.

Copies of documents and statements to be filed. Every existing

membership corporation, and every existing unincorporated association

having a membership of twenty or more persons, which corporation or

association requires an oath as a prerequisite or condition of

membership, other than a labor union, a fraternity or sorority having

chapters composed only of students in or alumni of colleges and

universities in this and another state or states, or a chapter of such

fraternity or sorority, or a benevolent order mentioned in the

benevolent orders law, within thirty days after this article takes

effect, and every such corporation or association hereafter organized,

within ten days after the adoption thereof, shall file with the

secretary of state a sworn copy of its constitution, by-laws, rules,

regulations and oath of membership, together with a roster of its

membership and a list of its officers for the current year. Every such

corporation and association shall, in case its constitution, by-laws,

rules, regulations or oath of membership or any part thereof, be

revised, changed, or amended, within ten days after such revision or

amendment file with the secretary of state a sworn copy of such revised,

changed or amended constitution, by-law, rule, regulation or oath of

membership. Every such corporation or association shall within thirty

days after a change has been made in its officers file with the

secretary of state a sworn statement showing such change. Every such

corporation or association shall at intervals of six months file with

the secretary of state a sworn statement showing the names and addresses

of such additional members as have been received in such corporation or

association during such interval.

Resolutions concerning political matters. Every such corporation

or association shall, within ten days after the adoption thereof, file

in the office of the secretary of state every resolution, or the minutes

of any action of such corporation or association, providing for

concerted action of its members or of a part thereof to promote or

defeat legislation, federal, state or municipal, or to support or to

defeat any candidate for political office.

Anonymous communications prohibited. It shall be unlawful for

any such corporation or association to send, deliver, mail or transmit

to any person in this state who is not a member of such corporation or

association any anonymous letter, document, leaflet or other written or

printed matter, and all such letters, documents, leaflets or other

written or printed matter, intended for a person not a member of such

corporation or association, shall bear on the same the name of such

corporation or association and the names of the officers thereof

together with the addresses of the latter.

Offenses; penalties. Any corporation or association violating

any provision of this article shall be guilty of a misdemeanor

punishable by a fine of not less than one thousand dollars nor more than

ten thousand dollars. Any officer of such corporation or association

and every member of the board of directors, trustees or other similar

body, who violates any provision of this article or permits or

acquiesces in the violation of any provision of this article by any such

corporation shall be guilty of a misdemeanor. Any person who becomes a

member of any such corporation or association, or remains a member

thereof, or attends a meeting thereof, with knowledge that such

corporation or association has failed to comply with any provision of

this article, shall be guilty of a misdemeanor.

Additional penalties. In addition to the penalties provided by

section fifty-six of this article, a violation of the provisions of this

article may be restrained at the suit of the people by the

attorney-general.

Petition for change of name. 1. A petition for leave to assume

another name may be made by a resident of the state to the county court

of the county or the supreme court in the county in which the petitioner

resides, or, if the petitioner resides in the city of New York, either

to the supreme court or to any branch of the civil court of the city of

New York, in any county of the city of New York. The petition to change

the name of an infant may be made by the infant through the infant's

next friend, or by either of the infant's parents, or by the infant's

general guardian, or by the guardian of the infant's person, or by the

infant's attorney.

2. An application may be made in family court seeking a name-change of

a child under the age of eighteen as part of a pending, related

proceeding. Such application may be made by any of the parties to the

proceeding or by the attorney for the child. An application for a name

change made in family court shall only be granted where it is on consent

of all parties.

Contents. 1. The petition shall be in writing, signed by the

petitioner and verified in like manner as a pleading in a court of

record, and shall specify the grounds of the application, the name, date

of birth, place of birth, age and residence of the individual whose name

is proposed to be changed and the name which he or she proposes to

assume. The petition shall also specify (a) whether or not the

petitioner has been convicted of a crime or adjudicated a bankrupt; (b)

whether or not there are any judgments or liens of record against the

petitioner or actions or proceedings pending to which the petitioner is

a party, and, if so, the petitioner shall give descriptive details in

connection therewith sufficient to readily identify the matter referred

to; (c) whether or not the petitioner is responsible for child support

obligations; (d) whether or not the petitioner's child support

obligations have been satisfied and are up to date; (e) the amount of a

child support arrearage that currently is outstanding along with the

identity of the court which issued the support order and the county

child support collections unit; (f) whether or not the petitioner is

responsible for spousal support obligations; (g) whether or not the

petitioner's spousal support obligations have been satisfied and are up

to date; and (h) the amount of spousal support arrearage that currently

is outstanding along with the identity of the court which issued the

support order.

2. If the petitioner stands convicted of a violent felony offense as

defined in section 70.02 of the penal law or a felony defined in article

one hundred twenty-five of such law or any of the following provisions

of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,

255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,

subdivision two of section 230.30 or 230.32, and is currently confined

as an incarcerated individual in any correctional facility or currently

under the supervision of the department of corrections and community

supervision or a county probation department as a result of such

conviction, the petition shall for each such conviction specify such

felony conviction, the date of such conviction or convictions, and the

court in which such conviction or convictions were entered.

3. Upon all applications for change of name by persons born in the

state of New York, there shall be annexed to such petition either a

birth certificate or a certified transcript thereof or a certificate of

the commissioner or local board of health that none is available.

Notice. 1. If the petition be to change the name of an infant,

notice of the time and place when and where the petition will be

presented must be served, in like manner as a notice of a motion upon an

attorney in an action, upon (a) both parents of the infant, if they be

living, unless the petition be made by one of the parents, in which case

notice must be served upon the other, if he or she be living, and (b)

the general guardian or guardian of the person, if there be one. But if

any of the persons, required to be given notice by this section, reside

without the state, then the notice required by this section must be sent

by registered mail to the last known address of the person to be served.

If it appears to the satisfaction of the court that a person required to

be given notice by this section cannot be located with due diligence

within the state, and that such person has no known address without the

state, then the court may dispense with notice or require notice to be

given to such persons and in such manner as the court thinks proper.

2. If the petition be to change the name of a person currently

confined as an incarcerated individual in any correctional facility or

currently under the supervision of the department of corrections and

community supervision or a county probation department as a result of a

conviction for a violent felony offense as defined in section 70.02 of

the penal law or a felony defined in article one hundred twenty-five of

such law or any of the following provisions of such law sections 130.25,

130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred

sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section

230.30 or 230.32, notice of the time and place when and where the

petition will be presented shall be served, in like manner as a notice

of a motion upon an attorney in an action, upon the district attorney of

every county in which such person has been convicted of such felony and

upon the court or courts in which the sentence for such felony was

entered. Unless a shorter period of time is ordered by the court, said

notice shall be served upon each such district attorney and court or

courts not less than sixty days prior to the date on which such petition

is noticed to be heard.

3. Except as provided in subdivisions one and two of this section, the

court shall not require any other pre-hearing notice. Under no

circumstances shall the court require notice to United States

immigration and customs enforcement, United States customs and border

protection, United States citizenship and immigration services, or any

successor agencies, or any agencies having similar duties.

4. Except for applications in family court pursuant to section sixty

of this article, the court shall not request or require consent from any

party other than the petitioner, or in the case of a petitioner who does

not have capacity to consent, their legal representative, as a condition

of granting the name change or obtaining certified copies of the name

change order.

Order. If the court to which the petition is presented is

satisfied thereby, or by the affidavit and certificate presented

therewith, that the petition is true, and that there is no reasonable

objection to the change of name proposed, and if the petition be to

change the name of an infant, that the interests of the infant will be

substantially promoted by the change, the court shall make an order

authorizing the petitioner to assume the name proposed. The order shall

further recite the date and place of birth of the applicant and, if the

applicant was born in the state of New York, such order shall set forth

the number of the applicant's birth certificate or that no birth

certificate is available. The order shall be directed to be entered and

the papers on which it was granted to be filed in the clerk's office of

the county in which the petitioner resides if they are an individual, or

in the office of the clerk of the civil court of the city of New York if

the order be made by that court.

Effect. 1. If the order is entered, the petitioner shall be

known by the name which is thereby authorized to be assumed. If the

surname of a parent be changed as provided in this article, any minor

child of such parent at the time of such change may thereafter assume

such changed surname.

2. (a) If the petition states that the petitioner stands convicted of

a violent felony offense as defined in section 70.02 of the penal law or

a felony defined in article one hundred twenty-five of such law or any

of the following provisions of such law sections 130.25, 130.30, former

sections 130.40 and 130.45, sections 255.25, 255.26, 255.27, article two

hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of

section 230.30 or 230.32, the clerk of the court in which the order has

been entered shall deliver, by first class mail, a copy of such

certified order to the division of criminal justice services at its

office in the county of Albany and (b) if the petition states that the

petitioner is responsible for spousal support or child support

obligations pursuant to court order, upon review of the petitioner's

application for name change and subsequent inquiry, the court shall

order the petitioner to deliver, by first class mail, the petitioner's

new name with such certified order to the court of competent

jurisdiction which imposed the orders of support. If a party to the

order is receiving child support services pursuant to title six-A of

article three of the social services law, a copy shall be mailed to the

support collection unit of the applicable social services district

providing such services to a party. Such certification shall appear on

the original order and on any certified copy thereof and shall be

entered in the court's minutes of the proceeding.

3. A name change order or other government issued document or court

issued documentation of a name change shall be sufficient to change the

petitioner's name on any document or record issued or maintained by the

state of New York or any subdivision thereof, or any private entity,

including but not limited to, all school records for current and past

students, archival records and marriage certificates. This section shall

not apply when archival records cannot be accessed or when modifying

archival records is otherwise prohibited by law. Failure of a public or

private entity to comply with such a request may constitute a violation

of section two hundred ninety-six of the executive law, section forty-c

of this chapter and any applicable local non-discrimination law and may

be the basis for a complaint to the New York state division of human

rights and any other applicable enforcement entity.

Sealing name change papers. 1. If the court shall find that

open record of an applicant's change of name would jeopardize such

applicant's personal safety, based on totality of the circumstances, the

court shall, at the request of the applicant or sua sponte, order the

records of such change of name proceeding be sealed, to be opened only

by order of the court for good cause shown or at the request of the

applicant. For the purposes of this section, "totality of the

circumstances" shall include, but not be limited to, a consideration of

the risk of violence or discrimination against the applicant, including

such applicant's status as transgender or as the subject of domestic

violence. The court shall not deny such sealing request solely on the

basis that the applicant lacks specific instances of or a personal

history of threat to personal safety.

2. Notwithstanding any other provision of law, pending such a finding

in subdivision one of this section where an applicant seeks relief under

this section, the court shall immediately order the applicant's current

name, proposed new name, residential and business addresses, telephone

numbers, and any other information contained in any pleadings or papers

submitted to the court to be safeguarded and sealed in order to prevent

their inadvertent or unauthorized use or disclosure while the matter is

pending.

Optional change of name upon marriage, divorce or annulment. 1.

Any person may, upon marriage, elect to assume a new name according to

the provisions of paragraph (b) of subdivision one of section fifteen of

the domestic relations law.

2. Any person may, upon divorce or annulment, elect to resume the use

of a former surname or middle name according to the provisions of

section two hundred forty-a of the domestic relations law.

3. The effect of the name changes accomplished in the manner

prescribed in subdivisions one and two of this section shall be as set

forth in section sixty-four of this article.

4. Nothing in this article shall be construed to abrogate or alter the

common law right of every person, whether married or single, to retain

his or her name or to assume a new one so long as the new name is used

consistently and without intent to defraud.

5. Notwithstanding any inconsistent provision of law, the state shall

not impose any fee, charge, surcharge or assessment solely to change the

surname or middle name contained on a license, permit, registration or

other identifying document for a person who, because of a change in

marital status, has assumed a new name or reassumes use of a former

surname as provided for in this section.

Petition for change of sex designation. 1. A petition for leave

to change sex designation may be made by a resident of the state to the

county court of the county or the supreme court in the county in which

such resident resides, or, if such resident resides in the city of New

York, either to the supreme court or to any branch of the civil court of

the city of New York, in any county of the city of New York. The

petition to change the sex designation of an infant may be made by the

infant through either of such infant's parents, or by such infant's

general guardian or by the guardian of such infant's person.

2. When an individual petitions the court to recognize their gender

identity or to amend the sex designation on an identity document, the

court shall issue such an order upon receipt of an affidavit from such

individual attesting to their gender identity or reason for the change.

No additional medical evidence shall be required to grant such request.

No such order shall be required to amend an identity document issued

within New York state. No such order shall be required to otherwise

recognize the gender of an individual and treat them consistent with

their gender identity within New York state or under New York state law.

No fee shall be charged for a request for judicial intervention

associated with a petition to change sex designation.

3. Such request may be made simultaneously with a petition for change

of name pursuant to section sixty or sixty-five of this chapter or on

its own.

Order. If the court to which the petition is presented is

satisfied thereby, or by the affidavit and certificate presented

therewith, that the petition is true, and that there is no reasonable

objection to the change of sex designation proposed, and if the petition

is to change the sex designation of an infant, that the interests of the

infant will be substantially promoted by the change, the court shall

make an order authorizing the petitioner to assume the sex designation

proposed.

Sealing change of sex designation papers. 1. Upon request of

the applicant or sua sponte, the court shall order the records of such

change of sex designation proceeding to be sealed, to be opened only by

order of the court for good cause shown or at the request of the

applicant.

2. Notwithstanding any other provision of law, pending such a finding

in subdivision one of this section where an applicant seeks relief under

this section, the court shall immediately order the applicant's current

name, sex designation, proposed new sex designation, residential and

business addresses, telephone numbers, and any other information

contained in any pleadings or papers submitted to the court to be

safeguarded and sealed in order to prevent their inadvertent or

unauthorized use or disclosure while the matter is pending.

Vexatious suits. If a person vexatiously or maliciously, in the

name of another but without the latter's consent, or in the name of an

unknown person, commences or continues, or causes to be commenced or

continued, an action or special proceeding, in a court, of record or not

of record, or a special proceeding before a judge or a justice of the

peace; or takes, or causes to be taken, any proceeding, in the course of

an action or special proceeding in such a court, or before such an

officer, either before or after judgment or other final determination;

an action to recover damages therefor may be maintained against him by

the adverse party to the action or special proceeding; and a like action

may be maintained by the person, if any, whose name was thus used. He is

also guilty of a misdemeanor, punishable by imprisonment not exceeding

six months.

Actions involving public petition and participation; recovery

of damages. 1. A defendant in an action involving public petition and

participation, as defined in paragraph (a) of subdivision one of section

seventy-six-a of this article, may maintain an action, claim, cross

claim or counterclaim to recover damages, including costs and attorney's

fees, from any person who commenced or continued such action; provided

that:

(a) costs and attorney's fees shall be recovered upon a demonstration,

including an adjudication pursuant to subdivision (g) of rule thirty-two

hundred eleven or subdivision (h) of rule thirty-two hundred twelve of

the civil practice law and rules, that the action involving public

petition and participation was commenced or continued without a

substantial basis in fact and law and could not be supported by a

substantial argument for the extension, modification or reversal of

existing law;

(b) other compensatory damages may only be recovered upon an

additional demonstration that the action involving public petition and

participation was commenced or continued for the purpose of harassing,

intimidating, punishing or otherwise maliciously inhibiting the free

exercise of speech, petition or association rights; and

(c) punitive damages may only be recovered upon an additional

demonstration that the action involving public petition and

participation was commenced or continued for the sole purpose of

harassing, intimidating, punishing or otherwise maliciously inhibiting

the free exercise of speech, petition or association rights.

2. The right to bring an action under this section can be waived only

if it is waived specifically.

3. Nothing in this section shall affect or preclude the right of any

party to any recovery otherwise authorized by common law, or by statute,

law or rule.

Unlawful interference with protected rights. 1. For the

purposes of this section, the term "legally protected health activity"

shall have the same meaning as defined by section 570.17 of the criminal

procedure law.

2. A claim of unlawful interference with protected rights is

established under this section. Such claim shall arise when a person

demonstrates that they engaged in legally protected health activity that

results in litigation or criminal charges brought against that person in

any court in the United States or its territories.

3. Such claim shall arise when any person or entity commences an

action in any court, in the United States or any of its territories, in

which the allegations against the person, whether civil or criminal,

involve legally protected health activity.

4. In a claim for unlawful interference with protected rights under

this section:

(a) compensatory damages, as well as costs and attorneys' fees,

including expert witness fees, shall be recoverable upon a demonstration

of unlawful interference; and

(b) additional damages of up to three times the amount of compensatory

damages shall be recoverable upon an additional demonstration that the

action against the plaintiff was commenced or continued for the purpose

of harassing, intimidating, punishing or otherwise maliciously

inhibiting the exercise of rights protected in New York, including but

not limited to legally protected health activity.

5. Any action or proceeding brought pursuant to this section shall be

commenced no later than six years after the date on which the claim

under this section arises.

6. Nothing in this section shall affect or preclude the right of any

party to any recovery otherwise authorized by common law, or by statute,

law or rule.

7. An action under this section shall be brought in the Supreme Court

of the state of New York.

Damages in action for suing in name of another. In an action,

brought by the adverse party, as prescribed in the last section, the

plaintiff, if he recovers final judgment, is entitled to recover treble

damages. In an action, brought by the person whose name was used, as

prescribed in the last section, the plaintiff is entitled to recover his

actual damages, and two hundred and fifty dollars in addition thereto.

Term of imprisonment of civil prisoner. No person shall be

imprisoned within the prison walls of any jail for a longer period than

three months under an execution or any other mandate against the person

to enforce the recovery of a sum of money less than five hundred dollars

in amount or under a commitment upon a fine for contempt of court in the

nonpayment of alimony, maintenance, distributive awards or special

relief in matrimonial actions or counsel fees in a divorce case where

the amount so to be paid is less than the sum of five hundred dollars;

and where the amount in either of said cases is five hundred dollars or

over, such imprisonment shall not continue for a longer period than six

months. It shall be the duty of the sheriff in whose custody any such

person is held to discharge such person at the expiration of said

respective periods without any formal application being made therefor.

No person shall be imprisoned within the jail liberties of any jail for

a longer period than six months upon any execution or other mandate

against the person to enforce the recovery of a sum of five hundred

dollars or over or for a longer period than three months where the

amount is less than five hundred dollars, and no action shall be

commenced against the sheriff upon a bond given for the jail liberties

by such person. In computing the term of imprisonment time spent within

the prison walls of any jail and time spent within the jail liberties

shall be included. Notwithstanding such a discharge in either of the

above cases, the judgment creditor in the execution, or the person at

whose instance the said mandate was issued, has the same remedy against

the property of the person imprisoned which he or she had before such

execution or mandate was issued; but the prisoner shall not be again

imprisoned upon a like process issued in the same action or arrested in

any action upon any judgment under which the same may have been granted.

Except in a case hereinbefore specified nothing in this section shall

affect a commitment for contempt of court.

Code of fair procedure for investigating agencies. 1. As used in

this section the following terms shall mean and include:

(a) "Agency". A standing or select committee of either house of the

legislature or a joint committee of both houses; a duly authorized

subcommittee of any such legislative committee; the commissioner of

investigation acting pursuant to section eleven of the executive law; a

commissioner appointed by the governor acting pursuant to section six of

the executive law; the attorney general acting pursuant to subdivision

eight of section sixty-three of the executive law; any temporary state

commission or any duly authorized subcommittee thereof which has the

power to require testimony or the production of evidence by subpoena or

other compulsory process in an investigation being conducted by it; and

any standing or select committee, or subcommittee thereof, of the

constitutional convention to be held in the year nineteen hundred

sixty-seven.

(b) "Hearing". Any hearing in the course of an investigatory

proceeding (other than a preliminary conference or interview at which no

testimony is taken under oath) conducted before an agency at which

testimony or the production of other evidence may be compelled by

subpoena or other compulsory process.

(c) "Public hearing". Any hearing open to the public, or any hearing,

or such part thereof, as to which testimony or other evidence is made

available or disseminated to the public by the agency.

(d) "Private hearing". Any hearing other than a public hearing.

2. No person may be required to appear at a hearing or to testify at a

hearing unless there has been personally served upon him prior to the

time when he is required to appear, a copy of this section, and a

general statement of the subject of the investigation. A copy of the

resolution, statute, order or other provision of law authorizing the

investigation shall be furnished by the agency upon request therefor by

the person summoned.

3. A witness summoned to a hearing shall have the right to be

accompanied by counsel, who shall be permitted to advise the witness of

his rights, subject to reasonable limitations to prevent obstruction of

or interference with the orderly conduct of the hearing. Counsel for any

witness who testifies at a public hearing may submit proposed questions

to be asked of the witness relevant to the matters upon which the

witness has been questioned and the agency shall ask the witness such of

the questions as it may deem appropriate to its inquiry.

4. A complete and accurate record shall be kept of each public hearing

and a witness shall be entitled to receive a copy of his testimony at

such hearing at his own expense. Where testimony which a witness has

given at a private hearing becomes relevant in a criminal proceeding in

which the witness is a defendant, or in any subsequent hearing in which

the witness is summoned to testify, the witness shall be entitled to a

copy of such testimony, at his own expense, provided the same is

available, and provided further that the furnishing of such copy will

not prejudice the public safety or security.

5. A witness who testifies at any hearing shall have the right at the

conclusion of his examination to file a brief sworn statement relevant

to his testimony for incorporation in the record of the investigatory

proceeding.

6. Any person whose name is mentioned or who is specifically

identified and who believes that testimony or other evidence given at a

public hearing or comment made by any member of the agency or its

counsel at such a hearing tends to defame him or otherwise adversely

affect his reputation shall have the right, either to appear personally

before the agency and testify in his own behalf as to matters relevant

to the testimony or other evidence complained of, or in the alternative

at the option of the agency, to file a statement of facts under oath

relating solely to matters relevant to the testimony or other evidence

complained of, which statement shall be incorporated in the record of

the investigatory proceeding.

7. Nothing herein contained shall be construed to prevent an agency

from granting to witnesses appearing before it, or to persons who claim

to be adversely affected by testimony or other evidence adduced before

it, such further rights and privileges as it may determine.

8. Except in the course of a subsequent hearing which is open to the

public, no testimony or other evidence adduced at a private hearing or

preliminary conference or interview conducted before a single-member

agency in the course of its investigation shall be disseminated or made

available to the public by said agency, its counsel or employees without

the approval of the head of the agency. Except in the course of a

subsequent hearing open to the public, no testimony or other evidence

adduced at a private hearing or preliminary conference or interview

before a committee or other multi-member investigating agency shall be

disseminated or made available to the public by any member of the

agency, its counsel or employees, except with the approval of a majority

of the members of such agency. Any person who violates the provisions of

this subdivision shall be guilty of a misdemeanor.

9. No temporary state commission having more than two members shall

have the power to take testimony at a public or private hearing unless

at least two of its members are present at such hearing.

10. Nothing herein contained shall be construed to effect, diminish or

impair the right, under any other provision of law, rule or custom, of

any member or group of members of a committee or other multi-member

investigating agency to file a statement or statements of minority views

to accompany and be released with or subsequent to the report of the

committee or agency.

Privileges in action for libel. A civil action cannot be

maintained against any person, firm or corporation, for the publication

of a fair and true report of any judicial proceeding, legislative

proceeding or other official proceeding, or for any heading of the

report which is a fair and true headnote of the statement published.

This section does not apply to a libel contained in any other matter

added by any person concerned in the publication; or in the report of

anything said or done at the time and place of such a proceeding which

was not a part thereof.

Defamation by radio or television. 1. The owner, licensee or

operator of a visual or sound radio broadcasting station or network of

stations, and the agents or employees of any such owner, licensee or

operator, shall not be liable for any damages for any defamatory

statement published or uttered in or as a part of a visual or sound

radio broadcast, by any legally qualified candidate for public office

whose utterances, under rules and regulations of the federal

communications commission may not be subject to censorship by such

owner, licensee or operator of such visual or sound radio broadcasting

station or network of stations, or their agents or employees.

2. A "legally qualified candidate" means any person who has publicly

announced that he is a candidate for nomination by a convention of a

political party or for nomination or election in a primary, special, or

general election, municipal, county, state or national, and who meets

the qualifications prescribed by the applicable laws to hold the office

for which he is a candidate, so that he may be voted for by the

electorate directly or by means of delegates or electors and who (a) has

qualified for a place on the ballot or (b) is eligible under the

applicable law to be voted by writing in his name on the ballot, or

other method, and who has been nominated by a political party which is

commonly known and regarded as such or makes a substantial showing that

he is a bona fide candidate for nomination or office, as the case may

be.

3. In order to be absolved from liability for damages for any

utterance by a legally qualified candidate as herein defined in or as

part of a visual or sound radio broadcast, the owner, licensee or

operator of such visual or sound radio broadcasting station or network

of stations, or the agents or employees thereof, shall announce, in

substance, at the beginning and end of each such political broadcast of

more than five minutes duration, and at the beginning of each such

political broadcast of five minutes duration or less, that the remarks

about to be made, or made, as the case may be, by the speaker are not to

be construed as reflecting the opinions or beliefs of the station, its

ownership or management.

Action for libel: evidence, separate verdicts. At the trial of

any civil action for libel, the defendant may prove, for consideration

by the jury in fixing the amount of the verdict, that the plaintiff has

already recovered damages, or has received, or agreed to receive,

compensation in respect of a libel or libels of a similar purport or

effect as the libel for which such action has been brought. In

consolidated actions based on libels of similar purport or effect the

jury shall assess the whole amount of the plaintiff's damages in one

sum, but a separate verdict shall be taken for or against each defendant

and the jury shall apportion the amount of damages among the defendants

against whom it found a verdict.

Actions involving public petition and participation; when

actual malice to be proven. 1. For purposes of this section:

(a) An "action involving public petition and participation" is a claim

based upon:

(1) any communication in a place open to the public or a public forum

in connection with an issue of public interest; or

(2) any other lawful conduct in furtherance of the exercise of the

constitutional right of free speech in connection with an issue of

public interest, or in furtherance of the exercise of the constitutional

right of petition.

(b) "Claim" includes any lawsuit, cause of action, cross-claim,

counterclaim, or other judicial pleading or filing requesting relief.

(c) "Communication" shall mean any statement, claim, allegation in a

proceeding, decision, protest, writing, argument, contention or other

expression.

(d) "Public interest" shall be construed broadly, and shall mean any

subject other than a purely private matter.

2. In an action involving public petition and participation, damages

may only be recovered if the plaintiff, in addition to all other

necessary elements, shall have established by clear and convincing

evidence that any communication which gives rise to the action was made

with knowledge of its falsity or with reckless disregard of whether it

was false, where the truth or falsity of such communication is material

to the cause of action at issue.

3. Nothing in this section shall be construed to limit any

constitutional, statutory or common law protections of defendants to

actions involving public petition and participation.

Special damages in action for slander of a woman. In an action

of slander of a woman imputing unchastity to her, it is not necessary to

allege or prove special damages.

Mitigating circumstances in action for libel or slander. In an

action for libel or slander the defendant may prove mitigating

circumstances, including the sources of his information and the grounds

for his belief, whether or not he has pleaded or attempted to prove any

defense. A defendant in default for want of an answer may prove such

mitigating circumstances upon a reference or inquiry to ascertain the

amount of the plaintiff's damages. Matter tending only to mitigate or

reduce damages is a partial defense and may be set forth in the answer.

Forfeiture of office and suspension of civil rights. 1. Except

as provided in subdivision two a sentence of imprisonment in a state

correctional institution for any term less than for life or a sentence

of imprisonment in a state correctional institution for an indeterminate

term, having a minimum of one day and a maximum of natural life,

forfeits all the public offices, and suspends, during the term of the

sentence, all the civil rights, and all private trusts, authority, or

powers of, or held by, the person sentenced.

2. A sentence of imprisonment in a state correctional institution for

any term less than for life or a sentence of imprisonment in a state

correctional institution for an indeterminate term, having a minimum of

one day and a maximum of natural life shall not be deemed to suspend the

right or capacity of any person so sentenced to commence and prosecute

an action or proceeding in any court within this state or before a body

or officer exercising judicial, quasi-judicial or administrative

functions within this state; provided, however, that where at the time

of the commencement and during the prosecution of such action or

proceeding such person is an incarcerated individual of a state

correctional institution, he or she shall not appear at any place other

than within the institution for any purpose related to such action or

proceeding unless upon a subpoena issued by the court before whom such

action or proceeding is pending or, where such action or proceeding is

pending before a body or officer, before a judge to whom a petition for

habeas corpus could be made under subdivision (b) of section seven

thousand two of the civil practice law and rules upon motion of any

party and upon a determination that such person's appearance is

essential to the proper and just disposition of the action or

proceeding. Unless the court orders otherwise, a motion for such

subpoena shall be made on at least two days' notice to the commissioner

of corrections and community supervision.

3. (a) Except as provided in paragraph (b) of this subdivision, the

state shall not be liable for any expense of or related to any such

action or proceeding, including but not limited to the expense of or

related to transporting the incarcerated individual to, or lodging or

guarding him or her at any place other than in a state correctional

institution. The department of corrections and community supervision

shall not be required to perform any services related to such action or

proceeding, including but not limited to transporting the incarcerated

individual to or lodging or guarding him at any place other than a state

correctional institution unless and until the department has received

payment for such services.

(b) Where the incarcerated individual is permitted in accordance with

any other law to proceed with the action or proceeding as a poor person

the expense of transporting the incarcerated individual to, or lodging

or guarding him or her at any place other than in a state correctional

institution or any other expense relating thereto shall be a state

charge; provided, however, that where an incarcerated individual has

been granted such permission and a recovery by judgment or by settlement

is had in his or her favor, the court may direct him or her to pay out

of the recovery all or part of any sum expended by the state.

Consequence of sentence to imprisonment for life. 1. Except

as provided in subdivisions two and three, a person sentenced to

imprisonment for life is thereafter deemed civilly dead; provided, that

such a person may marry while on community supervision, or after he or

she has been discharged from community supervision, if otherwise capable

of contracting a valid marriage. A marriage contracted pursuant to this

section by a person while he or she is on community supervision, without

prior written approval of the commissioner of corrections and community

supervision, shall be ground for revocation of the community

supervision. This section shall not be deemed to impair the validity of

a marriage between a person sentenced to imprisonment for life and his

or her spouse.

2. A sentence to imprisonment for life shall not be deemed to suspend

the right or capacity of any person so sentenced to commence, prosecute

or defend an action or proceeding in any court within this state or

before a body or officer exercising judicial, quasi-judicial or

administrative functions within this state; provided, however, that

where at the time of the commencement and during the prosecution or

defense of such action or proceeding such person is an incarcerated

individual of a state correctional institution, he or she shall not

appear at any place other than within the institution for any purpose

related to such action or proceeding unless upon a subpoena issued by

the court before whom such action or proceeding is pending or, where

such action or proceeding is pending before a body or officer, before a

judge to whom a petition for habeas corpus could be made under

subdivision (b) of section seven thousand two of the civil practice law

and rules upon motion of any party and upon a determination that such

person's appearance is essential to the proper and just disposition of

the action or proceeding. Unless the court orders otherwise, a motion

for such subpoena shall be made on at least two days' notice to the

commissioner of corrections and community supervision.

3. (a) Except as provided in paragraph (b) of this subdivision, the

state shall not be liable for any expense of or related to any such

action or proceeding, including but not limited to the expense of or

related to transporting the incarcerated individual to, or lodging or

guarding him or her at any place other than in a state correctional

institution. The department of corrections and community supervision

shall not be required to perform any services related to such action or

proceeding, including but not limited to transporting the incarcerated

individual to or lodging or guarding him or her at any place other than

a state correctional institution unless and until the department has

received payment for such services.

(b) Where the incarcerated individual is permitted in accordance with

any other law to proceed with the action or proceeding as a poor person

the expense of transporting the incarcerated individual to, or lodging

or guarding him or her at any place other than in a state correctional

institution or any other expense relating thereto shall be a state

charge; provided, however, that where an incarcerated individual has

been granted such permission and a recovery by judgment or by settlement

is had in his or her favor, the court may direct him or her to pay out

of the recovery all or part of any sum expended by the state.

4. This section shall not apply to a person sentenced to imprisonment

for an indeterminate term, having a minimum of one day and a maximum of

his natural life.

Nothing in this section shall be deemed to preclude the issuance of a

certificate of relief from disabilities or a certificate of good conduct

pursuant to article twenty-three of the correction law to a person who

previously has been sentenced to imprisonment for life.

Forfeiture of property on conviction abolished. A conviction

of a person for any crime, does not work a forfeiture of any property,

real or personal, or any right or interest therein. All forfeitures to

the people of the state, in the nature of deodands, or in a case of

suicide, or where a person flees from justice, are abolished.

Convict protected by law. A convict sentenced to imprisonment

is under the protection of the law, and any injury to his person, not

authorized by law, is punishable in the same manner as if he were not

sentenced or convicted.

Nothing in sections seventy-nine or seventy-nine-a of this chapter

shall be deemed to deny a convict sentenced to imprisonment the right to

injunctive relief for improper treatment where such treatment

constitutes a violation of his constitutional rights.

Creditor of convict. A person injured by the commission of a

felony, for which the offender is sentenced to imprisonment in a state

prison, is deemed the creditor of the offender, and of his estate after

his death, within the provisions of the statutes relating thereto.

The damages sustained by the person injured by the felonious act, may

be ascertained in an action brought for that purpose by him against the

trustees of the estate of the offender, appointed under the provisions

of the statutes, or the executor or administrator of the offender's

estate.

Right to breast feed. Notwithstanding any other provision of

law, a mother may breast feed her baby in any location, public or

private, where the mother is otherwise authorized to be, irrespective of

whether or not the nipple of the mother's breast is covered during or

incidental to the breast feeding.

Liability for acts of persons assisting police officers. 1.

Notwithstanding any inconsistent provisions of law, general or special

or local, the state shall save harmless and protect any person who, upon

being lawfully commanded, renders assistance to a police officer

employed by the state in the performance of his duties, from any

financial loss arising out of any claim, demand, suit or judgment by

reason of alleged negligence, other than gross negligence, or an alleged

tortious act of the person rendering such assistance which results in

bodily injury or property damage; any political subdivision of the state

shall save harmless and protect any person who, upon being lawfully

commanded, renders assistance to a police officer of such political

subdivision in the performance of his duties, from any financial loss

arising out of any claim, demand, suit or judgment by reason of alleged

negligence, other than gross negligence, or an alleged tortious act of

the person rendering such assistance which results in bodily injury or

property damage; any agency of the state shall save harmless and protect

any person who, upon being lawfully commanded, renders assistance to a

police officer of such agency in the performance of his duties, from any

financial loss arising out of any claim, demand, suit or judgment by

reason of alleged negligence, other than gross negligence, or an alleged

tortious act of the person rendering such assistance which results in

bodily injury or property damage.

2. The state or an agency or political subdivision thereof shall not

be subject to the duty imposed by this section, unless the person who

rendered assistance shall, within ten days of the time he is served with

any summons, complaint, process, notice, demand or pleading, deliver the

original or a copy thereof to the chief legal officer of the state or

agency or political subdivision thereof, as the case may be.

3. Thereafter, the state, agency or political subdivision, as the case

may be, shall be entitled to appear in any further proceedings arising

under this section.

4. As used in this section the term police officer means any member of

a duly organized police force or department of any county, city, town,

village, municipality, authority, police district, regional state park

commission when employed full time in the enforcement of the general

criminal laws of the state, or any member of the state police or a

sheriff, undersheriff or deputy sheriff, other than a special deputy

sheriff.

Filing of certificates of honorable discharge with county

clerks. a. Notwithstanding the provisions of any general, special or

local law to the contrary, any person filing a certificate of honorable

discharge in the office of a county clerk shall have the right to direct

the county clerk to keep such certificate sealed.

b. Thereafter, such certificate shall be made available to the

veteran, a duly authorized agent or representative of such veteran or

the representative of the estate of a deceased veteran but shall not be

available for public inspection.

Special provisions relating to persons employed by, or

connected with, news media.

(a) Definitions. As used in this section, the following definitions

shall apply:

(1) "Newspaper" shall mean a paper that is printed and distributed

ordinarily not less frequently than once a week, and has done so for at

least one year, and that contains news, articles of opinion (as

editorials), features, advertising, or other matter regarded as of

current interest, has a paid circulation and has been entered at United

States post-office as second-class matter.

(2) "Magazine" shall mean a publication containing news which is

published and distributed periodically, and has done so for at least one

year, has a paid circulation and has been entered at a United States

post-office as second-class matter.

(3) "News agency" shall mean a commercial organization that collects

and supplies news to subscribing newspapers, magazines, periodicals and

news broadcasters.

(4) "Press association" shall mean an association of newspapers and/or

magazines formed to gather and distribute news to its members.

(5) "Wire service" shall mean a news agency that sends out syndicated

news copy by wire to subscribing newspapers, magazines, periodicals or

news broadcasters.

(6) "Professional journalist" shall mean one who, for gain or

livelihood, is engaged in gathering, preparing, collecting, writing,

editing, filming, taping or photographing of news intended for a

newspaper, magazine, news agency, press association or wire service or

other professional medium or agency which has as one of its regular

functions the processing and researching of news intended for

dissemination to the public; such person shall be someone performing

said function either as a regular employee or as one otherwise

professionally affiliated for gain or livelihood with such medium of

communication.

(7) "Newscaster" shall mean a person who, for gain or livelihood, is

engaged in analyzing, commenting on or broadcasting, news by radio or

television transmission.

(8) "News" shall mean written, oral, pictorial, photographic, or

electronically recorded information or communication concerning local,

national or worldwide events or other matters of public concern or

public interest or affecting the public welfare.

(b) Exemption of professional journalists and newscasters from

contempt: Absolute protection for confidential news. Notwithstanding

the provisions of any general or specific law to the contrary, no

professional journalist or newscaster presently or having previously

been employed or otherwise associated with any newspaper, magazine, news

agency, press association, wire service, radio or television

transmission station or network or other professional medium of

communicating news or information to the public shall be adjudged in

contempt by any court in connection with any civil or criminal

proceeding, or by the legislature or other body having contempt powers,

nor shall a grand jury seek to have a journalist or newscaster held in

contempt by any court, legislature or other body having contempt powers

for refusing or failing to disclose any news obtained or received in

confidence or the identity of the source of any such news coming into

such person's possession in the course of gathering or obtaining news

for publication or to be published in a newspaper, magazine, or for

broadcast by a radio or television transmission station or network or

for public dissemination by any other professional medium or agency

which has as one of its main functions the dissemination of news to the

public, by which such person is professionally employed or otherwise

associated in a news gathering capacity notwithstanding that the

material or identity of a source of such material or related material

gathered by a person described above performing a function described

above is or is not highly relevant to a particular inquiry of government

and notwithstanding that the information was not solicited by the

journalist or newscaster prior to disclosure to such person.

(c) Exemption of professional journalists and newscasters from

contempt: Qualified protection for nonconfidential news.

Notwithstanding the provisions of any general or specific law to the

contrary, no professional journalist or newscaster presently or having

previously been employed or otherwise associated with any newspaper,

magazine, news agency, press association, wire service, radio or

television transmission station or network or other professional medium

of communicating news to the public shall be adjudged in contempt by any

court in connection with any civil or criminal proceeding, or by the

legislature or other body having contempt powers, nor shall a grand jury

seek to have a journalist or newscaster held in contempt by any court,

legislature, or other body having contempt powers for refusing or

failing to disclose any unpublished news obtained or prepared by a

journalist or newscaster in the course of gathering or obtaining news as

provided in subdivision (b) of this section, or the source of any such

news, where such news was not obtained or received in confidence, unless

the party seeking such news has made a clear and specific showing that

the news: (i) is highly material and relevant; (ii) is critical or

necessary to the maintenance of a party's claim, defense or proof of an

issue material thereto; and (iii) is not obtainable from any alternative

source. A court shall order disclosure only of such portion, or

portions, of the news sought as to which the above-described showing has

been made and shall support such order with clear and specific findings

made after a hearing. The provisions of this subdivision shall not

affect the availability, under appropriate circumstances, of sanctions

under section thirty-one hundred twenty-six of the civil practice law

and rules.

(d) Any information obtained in violation of the provisions of this

section shall be inadmissible in any action or proceeding or hearing

before any agency.

(e) No fine or imprisonment may be imposed against a person for any

refusal to disclose information privileged by the provisions of this

section.

(f) The privilege contained within this section shall apply to

supervisory or employer third person or organization having authority

over the person described in this section.

(g) Notwithstanding the provisions of this section, a person entitled

to claim the exemption provided under subdivision (b) or (c) of this

section waives such exemption if such person voluntarily discloses or

consents to disclosure of the specific information sought to be

disclosed to any person not otherwise entitled to claim the exemptions

provided by this section.

Discrimination against person who refuses to perform certain

act prohibited. 1. When the performing of an abortion on a human being

or assisting thereat is contrary to the conscience or religious beliefs

of any person, he may refuse to perform or assist in such abortion by

filing a prior written refusal setting forth the reasons therefor with

the appropriate and responsible hospital, person, firm, corporation or

association, and no such hospital, person, firm, corporation or

association shall discriminate against the person so refusing to act.

A violation of the provisions of this section shall constitute a

misdemeanor.

2. No civil action for negligence or malpractice shall be maintained

against a person so refusing to act based on such refusal.

Confidentiality of records in multi-state information system.

1. An ongoing research and demonstration project called the multi-state

information system for psychiatric patients located at Rockland state

hospital in Rockland county has been developed by a number of

cooperating states and is designed to provide a computer-based system

for records and statistics of mental health patients in those states.

The records stored by the multi-state information system are intended

also for research and demonstration purposes concerning (1) the

feasibility of computer-based record systems improving the quality of

medical information available to clinicians treating psychiatric

patients and (2) the quality of aggregate statistics to aid in planning,

operating and monitoring psychiatric services. Such records are not

intended to substitute for or replace original records retained in the

cooperating mental health facilities and agencies. In order to protect

the privacy of the information stored in such records which relates to

patients in facilities outside of the state of New York, it is necessary

and desirable that such records be declared confidential and not subject

to examination in the courts or by agencies of this state.

2. The records and information concerning patients in mental health

and related facilities located outside of the state of New York and

currently or hereafter stored in the multi-state information system for

psychiatric patients maintained at Rockland state hospital in the county

of Rockland are not public records. Such records and information shall

be confidential and shall not be subject to subpoena in any court or

before any tribunal or administrative agency. Such records and

information shall not be open for inspection by nor otherwise available

to any agency or individual other than the agency or facility submitting

the records or information and the technical staff of the multi-state

information system except that the commissioner of mental hygiene shall

have the power to conduct an annual review of the operation of the

information system in order to assure its proper and lawful operation in

the interest of the agencies and facilities contributing records and

information to such system. Aggregate statistics drawn from the records

stored, with all personal identification removed, may be released by the

system for research and planning purposes.

3. Nothing in this act shall affect existing law with respect to the

records of patients now or formerly treated in facilities in this state.

The records stored in the multi-state information system described in

subdivision two shall not be considered records of the department of

mental hygiene.

Civil immunity for certain persons assisting in emergency

situations. 1. Any person who voluntarily and without the expectation of

monetary compensation provides assistance in the event of an accident or

other emergency situation involving the use, handling, transportation,

transmission or storage of compressed gases and/or liquefied petroleum

gases shall not be liable for any civil damages for injuries resulting

from any act of commission or omission on his part in the course of his

rendering such assistance unless it is established that such injuries

were caused by gross negligence on the part of such person.

2. Nothing in this section shall be deemed to relieve any person from

liability for civil damages (a) where the accident or emergency referred

to in subdivision one of this section involved his own facilities or

equipment or (b) resulting from any act of commission or omission on his

part in the course of providing care or assistance in the normal and

ordinary course of his own business or profession.

3. For purposes of this section, the term "gross negligence" means

reckless, willful, wanton or intentional misconduct.

Confidentiality of records of genetic tests. 1. As used in

this section, the following terms shall have the following meanings:

(a) "genetic test" shall mean any laboratory test of human DNA,

chromosomes, genes, or gene products to diagnose the presence of a

genetic variation linked to a predisposition to a genetic disease or

disability in the individual or the individual's offspring; such term

shall also include DNA profile analysis. "Genetic test" shall not be

deemed to include any test of blood or other medically prescribed test

in routine use that has been or may be hereafter found to be associated

with a genetic variation, unless conducted purposely to identify such

genetic variation.

(b) "genetic predisposition" shall mean the presence of a variation in

the composition of the genes of an individual or an individual's family

member which is scientifically or medically identifiable and which is

determined to be associated with an increased statistical risk of being

expressed as either a physical or mental disease or disability in the

individual or having offspring with a genetically influenced disease,

but which has not resulted in any symptoms of such disease or disorder.

(c) "biological sample" shall mean any material part of the human body

or of discharge therefrom known to contain DNA, including but not

limited to tissue specimen, blood, or urine.

(d) "institutional review board" shall mean a human research review

committee established and approved under the provisions of article

twenty-four-A of the public health law, or an institutional review board

established and approved under the provisions of 45 CFR part 46 or 42

USC 30 V-1, for the purpose of reviewing and monitoring research

involving human subjects.

2. (a) No person shall perform a genetic test on a biological sample

taken from an individual without the prior written informed consent of

such individual as provided in paragraph (b) of this subdivision, except

as otherwise provided in paragraph (c) of subdivision two and by

subdivision nine of this section.

(b) Written informed consent to a genetic test shall consist of

written authorization that is dated and signed and includes at least the

following:

(1) a general description of the test;

(2) a statement of the purpose of the test;

2-a. a statement indicating that the individual may wish to obtain

professional genetic counseling prior to signing the informed consent.

(3) a statement that a positive test result is an indication that the

individual may be predisposed to or have the specific disease or

condition tested for and may wish to consider further independent

testing, consult their physician or pursue genetic counseling;

(4) a general description of each specific disease or condition tested

for;

(5) the level of certainty that a positive test result for that

disease or condition serves as a predictor of such disease. If no level

of certainty has been established, this subparagraph may be disregarded;

(6) the name of the person or categories of persons or organizations

to whom the test results may be disclosed;

(7) a statement that no tests other than those authorized shall be

performed on the biological sample and that the sample shall be

destroyed at the end of the testing process or not more than sixty days

after the sample was taken, unless a longer period of retention is

expressly authorized in the consent; and

(8) the signature of the individual subject of the test or, if that

individual lacks the capacity to consent, the signature of the person

authorized to consent for such individual.

(c) A general waiver, wherein consent is secured for genetic testing

without compliance with paragraph (b) of this subdivision, shall not

constitute informed consent. Notwithstanding the provisions of this

section, for purposes of research conducted in accordance with the

provisions of subdivision nine of this section, a general waiver for the

use of samples for research may be granted which would authorize the use

of samples for these research purposes.

(d) Any further disclosure of genetic test results to persons or

organizations not named on the informed consent shall require the

further informed consent of the subject of the test.

(e) Written consent by an individual for tests to be conducted on a

biological sample and to the lawful possession and ownership of such

sample by a laboratory shall not be deemed written informed consent for

the performance of any genetic test on that sample, except as further

provided in subdivision four of this section.

(f) For medical research purposes, with the approval of an

institutional review board and the written informed consent of the

subject, samples may be kept for longer than sixty days and utilized for

scientific research. The requirements of subparagraphs three, four and

five of paragraph (b) of this subdivision may be modified by the

institutional review board in case the research protocol does not permit

such degree of specificity.

3. (a) All records, findings and results of any genetic test performed

on any person shall be deemed confidential and shall not be disclosed

without the written informed consent of the person to whom such genetic

test relates. This information shall not be released to any person or

organization not specifically authorized by the individual subject of

the test. Unauthorized solicitation or possession of such information

shall be unlawful, except for the unintentional possession of such

information as part of a health record created prior to the effective

date of this section and provided no action adverse to the interests of

the subject are taken as a result of such possession. Nothing in this

section shall preclude the release of such information, with the

subject's consent, to a health insurer or health maintenance

organization of any information reasonably required for purposes of

claims administration, provided, however, that further distribution

within the insurer or to other recipients shall require the subject's

informed consent in each case.

(b) No person who lawfully possesses information derived from a

genetic test on a biological sample from an individual shall incorporate

such information into the records of a non-consenting individual who may

be genetically related to the tested individual; nor shall any

inferences be drawn, used, or communicated regarding the possible

genetic status of the non-consenting individual.

4. (a) Notwithstanding the provisions of subdivision two of this

section, genetic tests may be performed on anonymous samples for

research or statistical purposes, pursuant to a research protocol

approved by an institutional review board which assures the anonymity of

the sources of the samples.

(b) Notwithstanding the provisions of subdivision two of this section,

genetic tests may be performed without the consent of the person who is

the subject of the tests pursuant to an order of a court of competent

jurisdiction or as provided pursuant to article forty-nine-B of the

executive law or as provided by section twenty-five hundred-a of the

public health law.

(c) Notwithstanding the provisions of paragraph (a) of subdivision

three of this section, the results of a genetic test may be disclosed to

specified individuals without the consent of the subject of the test as

provided in an order of a court of competent jurisdiction or as provided

pursuant to article forty-nine-B of the executive law or section

twenty-five hundred-a of the public health law.

(d) In authorizing a genetic test or the disclosure of genetic test

results to specified individuals, the court shall consider the privacy

interests of the individual subject of the genetic test and of close

relatives of such individual, the public interest, and, in the case of

medical or anthropological research, the ethical appropriateness of the

research. Disclosure shall be permitted only to individuals or agencies

expressly named in court orders.

5. Penalties. (a) Any person who violates the provisions of

subdivision two or three of this section shall be guilty of a violation

punishable by a civil fine of not more than one thousand dollars.

(b) Any person who willfully violates the provisions of subdivision

two or three of this section shall be guilty of a misdemeanor punishable

by a fine of not more than five thousand dollars or by imprisonment for

not more than ninety days or by both such fine and imprisonment.

6. Nothing in this section shall be applicable to an authorized

insurer, as defined in paragraph ten of subsection (a) of section one

hundred seven of the insurance law, or a person acting on behalf of an

authorized insurer who is in compliance with section twenty-six hundred

twelve of the insurance law nor shall anything in this section be deemed

to prohibit or limit an authorized insurer from obtaining information

pursuant to section twenty-six hundred twelve of the insurance law.

7. Notwithstanding the provisions of subdivision two of this section,

genetic testing of newborn infants may be performed as provided pursuant

to article twenty-five and section forty-one hundred thirty-five-b of

the public health law.

8. Notwithstanding the provisions of subparagraph seven of paragraph

(b) of subdivision two of this section, additional genetic testing may

be performed on a given sample without additional consent of the person

tested provided such testing is necessary and required to demonstrate

the integrity of the sample tested or to resolve the analysis of a test

with a previously indeterminate result.

9. (a) Notwithstanding the provisions of subdivisions two and ten of

this section, samples may be used for tests other than those for which

specific consent has been obtained, for purposes of research conducted

in accordance with applicable law and regulation and pursuant to a

research protocol approved by an institutional review board, provided

that the individuals who provided the samples have given prior written

informed consent for the use of their sample for general research

purposes and did not specify time limits or other factors that would

restrict use of the sample for the test, and (1) the samples have been

permanently stripped of identifying information; or (2) a coding system

has been established to protect the identity of the individuals who

provided the samples, and an institutional review board has reviewed and

approved the procedures for the coding system.

(b) If consent to storage of the tissue sample is withdrawn at any

time, the entity storing the sample shall promptly destroy the sample or

portions thereof that have not already been used for research purposes.

(c) In no event shall family members of an individual who provided a

stored tissue sample be contacted for clinical, research, or other

purposes without consent from the individual who provided the tissue

sample with respect to the specific family members who will be contacted

and the specific purpose of the contact.

(d) In no event shall any information about an individual derived from

genetic tests performed on stored human tissue or information linking an

individual with specific results of genetic tests be released to any

organization or person without the explicit written consent of the

individual who donated the stored tissue to release of the information

for the purposes set forth in the written consent document.

(e) Written informed consent for use of stored human tissue for

general research purposes shall consist of written authorization that

includes at least the following:

(1) a statement that the sample will be used for future genetic tests;

(2) the time period during which the tissue will be stored, or if no

time limit is specified, a statement that the tissue will be stored for

as long as deemed useful for research purposes;

(3) a description of the policies and procedures to protect patient

confidentiality;

(4) a statement of the right to withdraw consent to use of the tissue

for future use at any time and the name of the organization that should

be contacted to withdraw consent;

(5) a statement allowing individuals to consent to future contact for

any or all purposes, including the following: (i) research purposes;

(ii) provision of general information about research findings; and (iii)

information about the test on their sample that may benefit them or

their family members in relation to their choices regarding preventive

or clinical care; and

(6) a statement explaining the benefits and risks of consenting to

future contact for the purposes set forth in subparagraph five of this

paragraph. In no event shall information about specific test results on

stored human tissue donated for general research purposes be disclosed

to an individual without obtaining informed consent for the disclosure

as required by paragraph (b) of subdivision two of this section.

10. Notwithstanding the provisions of subdivision two of this section,

DNA samples may be stored for up to ten years in the absence of genetic

testing, if authorized in writing by the subject. Prior to the

performance of any genetic test upon stored samples, informed consent

must be obtained as provided in subdivision two of this section.

Retention of a DNA sample past a period of ten years requires explicit

consent for a longer or indefinite period of retention.

11. Genetic testing may be performed on specimens from deceased

persons if informed consent is provided by the next-of-kin as specified

in subdivision two of this section.

Criminal interference with health care services, religious

worship, funeral, burial or memorial service; injunction. Whenever the

attorney general or district attorney of the county where the affected

health care facility, place of religious worship, or site of a funeral,

burial or memorial service is located has reasonable cause to believe

that any person or group of persons is being, has been, or may be

injured by conduct constituting a violation of section 240.21, 240.70 or

240.71 of the penal law, the attorney general or district attorney may

bring an action in the name of the people of the state of New York to

permanently enjoin such violation. In such action preliminary and

temporary relief may be granted under article sixty-three of the civil

practice law and rules.

* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The

following definitions are applicable to this section:

(a) The term "disability" means a physical or mental impairment that

substantially limits a major life activity.

(b) The term "age" means sixty years of age or more.

(c) The term "sexual orientation" means a person's actual or perceived

homosexuality, heterosexuality, or bisexuality.

(d) The term "gender" means a person's actual or perceived sex and

shall include a person's gender identity or expression.

2. Any person who intentionally selects a person or property for harm

or causes damage to the property of another or causes physical injury or

death to another, or subjects a person to conduct that would constitute

harassment under section 240.25 of the penal law, or summons a police

officer or peace officer without reason to suspect a violation of the

penal law, any other criminal conduct, or an imminent threat to a person

or property, in whole or in substantial part because of a belief or

perception regarding the race, color, national origin, ancestry, gender,

religion, religious practice, age, disability or sexual orientation of a

person, regardless of whether the belief or perception is correct, or

any person who aids or incites any such conduct, shall be liable, in a

civil action or proceeding maintained by such individual or group of

individuals, for injunctive relief, damages, or any other appropriate

relief in law or equity. If it shall appear to the satisfaction of the

court or justice that the respondent has, in fact, violated this

section, an injunction may be issued by such court or justice, enjoining

and restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. For the purposes

of this subdivision, a person lacks reason to suspect a violation of the

penal law, any other criminal conduct, or an imminent threat to a person

or property where a reasonable person would not suspect such violation,

conduct, or threat.

3. In addition to the remedies in subdivision two of this section,

whenever there shall be a violation of this section by any person or by

any firm, partnership, association, or corporation, an application may

be made by the attorney general in the name of the people of the state

of New York to a court or justice having jurisdiction for an injunction

to enjoin and restrain the continuance of such activity, and to seek

damages, or any other appropriate relief in law or equity. In connection

with any such application, the attorney general is authorized to take

proof and determine the relevant facts and to issue subpoenas in

accordance with the civil practice law and rules.

4. In any such action or proceeding, the court, in its discretion, may

allow the party commencing such action or proceeding, if such party

prevails, reasonable attorneys' fees as part of the costs.

5. In addition to the remedies provided in subdivisions two and three

of this section, a court may additionally impose a civil penalty of not

more than five thousand dollars for each violation of this section.

* NB There are 2 § 79-n's

Closed captioning in places of public accommodation, resort or

amusement. 1. A place of public accommodation, resort or amusement, as

defined in subdivision nine of section two hundred ninety-two of the

executive law, shall upon request be required to have closed captioning

enabled on all televisions that are located in the public area of such

establishment during regular hours of business. The regular hours of

business of the place of public accommodation, resort or amusement shall

be the hours of operation as posted in such establishment.

2. The provisions of this section shall not apply if:

(a) no televisions in the public area of the place of public

accommodation, resort or amusement are capable of providing closed

captioning; or

(b) in the event that two televisions in the public area of the place

of public accommodation, resort or amusement have the same channel being

broadcast, only one of the televisions shall be subject to this section.

3. As used in this section:

(a) "closed captioning" shall mean a feature on a television that when

activated will visually display a transcription of the audio portion of

video programming; and

(b) "public area" shall mean the section of a place of public

accommodation, resort or amusement that is open to the general public.

* § 79-p. Recording certain activities. 1. Definitions. For purposes

of this section, the following terms shall have the following meanings:

(a) "Officer" means any peace officer, police officer, security

officer, security guard or similar official who is engaged in a law

enforcement activity;

(b) "Law enforcement activity" means any activity by an officer acting

under the color of law; and

(c) "Record" means to capture or attempt to capture any moving or

still image, sound, or impression through the use of any recording

device, camera, or any other device capable of capturing audio, moving

or still images, or by way of written notes or observations.

2. Right to record law enforcement related activities. A person not

under arrest or in the custody of a law enforcement official has the

right to record law enforcement activity and to maintain custody and

control of that recording and of any property or instruments used by

that person to record law enforcement activities, provided, however,

that a person in custody or under arrest does not, by that status alone,

forfeit the right to have any such recordings, property and equipment

maintained and returned to him or her. Nothing in this subdivision shall

be construed to permit a person to engage in actions that physically

interfere with law enforcement activity or otherwise constitute a crime

defined in the penal law involving obstructing governmental

administration.

3. Private right of action. (a) A claim of unlawful interference with

recording a law enforcement activity is established under this section

when a person demonstrates that he or she exercised or attempted to

exercise the right established in subdivision two of this section to

record a law enforcement activity and an officer acted to interfere with

that person's recording of a law enforcement activity, including but not

limited to, by:

(i) intentionally preventing or attempting to prevent that person from

recording law enforcement activity;

(ii) threatening that person for recording a law enforcement activity;

(iii) commanding that the person cease recording law enforcement

activity when the person was nevertheless authorized under law to

record;

(iv) stopping, seizing, searching, ticketing or arresting that person

because that person recorded a law enforcement activity; or

(v) unlawfully seizing property or instruments used by that person to

record a law enforcement activity, unlawfully destroying, or seizing a

recorded image or recorded images of a law enforcement activity, or

copying such a recording of a law enforcement activity without consent

of the person who recorded it or approval from an appropriate court.

(b) It shall be an affirmative defense to a civil action under

subparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision

that at the time of such conduct by an officer, such officer had

probable cause to arrest the person recording such a law enforcement

activity for a crime defined in the penal law involving obstructing

governmental administration.

(c) A person subject to unlawful interference with recording law

enforcement activities as described in paragraph (a) of this subdivision

may bring an action for any violation of this section in any court of

competent jurisdiction for damages, including punitive damages, for

declaratory and injunctive relief, and such other remedies as the court

may deem appropriate.

(d) In any action or proceeding brought pursuant to this section, the

court may allow a prevailing plaintiff reasonable attorney's fees and

expert fees as a part of the costs which may be recovered.

(e) Any action or proceeding brought pursuant to this section shall be

commenced no later than three years after the date on which the

violation of this section is committed.

4. Preservation of rights. This section shall be in addition to all

rights, procedures, and remedies available under the United States

Constitution, 42 USC 1983, the constitution of the state of New York and

all other federal law, state law, law of the city of New York or the

administrative code of the city of New York, and all other civil

remedies, including monetary damages, created by statute, ordinance,

regulation or common law.

* NB There are 2 § 79-p's

Collection of gender or sex designation information by state

agencies. 1. All New York state agencies that collect demographic

information about a person's gender or sex shall make available to the

person at the point of data collection an option to mark their gender or

sex as "x".

2. Where applicable federal law requires a state agency to collect sex

or gender data as either "m" or "f", the state agency shall create a

separate field for state purposes so that a person has the option to

mark their gender or sex as "x" to be collected by the state.

3. All state agencies shall update any applicable physical and online

forms or data systems by January first, two thousand twenty-three,

except the department of labor, the office of children and family

services, the office of temporary and disability assistance and the

division of criminal justice services, which shall update any applicable

forms or data systems by January first, two thousand twenty-four.

4. A state agency that cannot comply with the requirements of this

section shall, at least sixty days before the applicable deadline, post

publicly on its website a written progress report that describes with

specificity the steps the agency has taken to comply with this section,

the impediments that prevented compliance, the efforts undertaken by the

agency to come into compliance, and an estimated time frame for

compliance. The written report shall be updated every six months from

the date of the original posting.

5. By January first, two thousand twenty-five, the governor shall post

on a publicly available website and submit to the temporary president of

the senate and the speaker of the assembly a written report listing

every agency that has not yet complied with this section. Such report

shall include the latest progress reports for each non-compliant agency.

Such annual report shall be updated every year by January first;

provided that once all agencies have complied with the requirements of

this section, the governor shall post on a publicly available website

and submit to the temporary president of the senate and the speaker of

the assembly a certification of compliance with this section, and no

further annual report shall be required.

Causes of action for alienation of affections, criminal

conversation, seduction and breach of contract to marry abolished. The

rights of action to recover sums of money as damages for alienation of

affections, criminal conversation, seduction, or breach of contract to

marry are abolished. No act done within this state shall operate to give

rise, either within or without this state, to any such right of action.

No contract to marry made or entered into in this state shall operate to

give rise, either within or without this state, to any cause or right of

action for its breach.

Nothing in this article contained shall be construed to bar a

right of action for the recovery of a chattel, the return of money or

securities, or the value thereof at the time of such transfer, or the

rescission of a deed to real property when the sole consideration for

the transfer of the chattel, money or securities or real property was a

contemplated marriage which has not occurred, and the court may, if in

its discretion justice so requires, (1) award the defendant a lien upon

the chattel, securities or real property for monies expended in

connection therewith or improvements made thereto, (2) deny judgment for

the recovery of the chattel or securities or for rescission of the deed

and award money damages in lieu thereof.

Commencement or threat of action unlawful. It shall be unlawful

for any person, either as a party or attorney, or in behalf of either,

to file, serve or cause to be filed or served, or threaten to file,

serve or cause to be filed or served, any process or pleading, in any

court of the state, setting forth or seeking to recover a sum of money

upon any cause of action abolished by this article, whether such cause

of action arose within or without the state.

Causing payment, satisfaction, settlement or compromise

unlawful; instruments void. Any contract or instrument executed after

March twenty-ninth, nineteen hundred thirty-five, within this state in

payment, satisfaction, settlement or compromise of any claim or cause of

action abolished by this article, whether such claim or cause of action

arose within or without this state, is contrary to the public policy of

this state and absolutely void. It shall be unlawful to cause, induce or

procure any person to execute such a contract or instrument; or to

receive, take or accept any money or thing of value, or cause, induce or

procure any person to give, pay, transfer or deliver any money or thing

of value, in payment, satisfaction, settlement or compromise of any such

claim or cause of action. It shall be unlawful to commence or cause to

be commenced, either as party or attorney, or in behalf of either, in

any court of this state, any proceeding or action seeking to enforce or

recover upon any such contract or instrument, knowing it to be such,

whether it was executed within or without this state.

Penalties. Any person who violates any of the provisions of this

article shall be guilty of a felony which shall be punishable by a fine

of not less than one thousand dollars nor more than five thousand

dollars, or by imprisonment for a term of not less than one year nor

more than five years, or by both such fine and imprisonment, in the

discretion of the court.

Construction; inconsistent laws. This article shall be liberally

construed to effectuate its objects and purposes and the public policy

of the state as hereby declared. If any part of this article, or its

application to any persons or circumstances, is adjudged by a court to

be invalid or ineffectual, such judgment shall not affect the remainder

of the article or its application to any other person or circumstances.

This article shall supersede all laws inconsistent with it to the extent

of such inconsistency, but in all other respects shall be deemed

supplemental to such laws. Nothing contained in this article shall be

construed as a repeal of any provision of the penal law or the criminal

procedure law or any other law relating to criminal or quasi-criminal

actions or proceedings.

Action for deprivation of constitutional rights by government

officials acting under color of law. 1. Liability. Any person who, under

color of any law, statute, ordinance, regulation, custom, or usage of

the United States and of any state or territory or the District of

Columbia, subjects, or causes to be subjected, any citizen of the United

States or other person within the jurisdiction thereof to the

deprivation of any rights, privileges, or immunities secured by the

constitution of the United States, shall be liable to the party injured

in an action at law, suit in equity, or other proper proceeding for

redress, except that in any action brought against a judicial officer

for an act or omission taken in such officer's judicial capacity,

injunctive relief shall not be granted unless a declaratory decree was

violated or declaratory relief was unavailable.

2. Remedies. In any action brought under this section, the court may

award:

a. Compensatory damages, including damages for emotional distress,

pain and suffering, and other non-economic damages;

b. Punitive damages where the violation is found to be malicious,

wanton, willful, or in reckless disregard of the plaintiff's rights;

c. Injunctive and declaratory relief;

d. Nominal damages; and

e. Reasonable attorneys' fees and costs to a prevailing plaintiff,

except that in any action brought against a judicial officer for an act

or omission taken in such officer's judicial capacity such officer shall

not be held liable for any costs, including attorneys' fees, unless such

action was clearly in excess of such officer's jurisdiction.

3. This section shall apply retroactively to January first, two

thousand twenty-five, provided that for any claim for a violation of the

United States Constitution that occurred between January first, two

thousand twenty-five, and the effective date of this section, the only

monetary damages that shall be available pursuant to this section for

such constitutional violation are nominal and compensatory damages.

Severability. If any clause, sentence, paragraph, section, or

part of this article shall be adjudged by any court of competent

jurisdiction to be invalid, such judgment shall not affect, impair, or

invalidate the remainder thereof, but shall be confined in its operation

to the clause, sentence, paragraph, subdivision, section, or part

thereof directly involved in the controversy in which such judgment

shall have been rendered. It is hereby declared to be the intent of the

legislature that this article would have been enacted even if such

invalid provisions had not been included herein.

Legislative findings. No victim of domestic violence, or other

person threatened with violence or in jeopardy of harm, should fail to

access police or emergency assistance when needed because of the fear

that doing so may result in losing their housing through eviction or

other actions to remove them from the property. Some local laws or

policies have the effect of treating such requests for police or

emergency aid as a disturbance constituting a "public nuisance" or

otherwise treating the individual faced with the violence and in need of

assistance as an undesirable tenant or undesirable influence on the

neighborhood based upon a call for help to their home. Legislation is

needed to assure that victims of violence or threats of harm or violence

are not penalized in relation to any law enforcement activity and

intervention necessary to address offender accountability and victim

safety.

Municipalities throughout the state have increasingly begun to adopt

local laws and ordinances to address public nuisances or other

intrusions on the quiet enjoyment of their residents and communities.

Despite their intent to aid communities, overly broad ordinances have

instead had a harmful chilling effect deterring victims of violence and

crime from accessing police assistance and have jeopardized public

safety. They also can unfairly penalize landlords when their tenants

need emergency assistance. Courts in New York and other states have

found such public ordinances to be unconstitutional because of these

harms. Moreover, the U.S. Department of Housing and Urban Development

issued guidance in 2016 on how these ordinances can violate the Fair

Housing Act's prohibitions on discrimination based on sex, race,

disability, and national origin.

Given the negative impact that certain provisions have on the

community at large, and to victims of crime in particular, remedial

legislation is necessary that will both protect the rights of domestic

violence and crime victims and others to access essential police and

emergency assistance, as well as preserve the locality's right to

address conduct that may undermine the community's safety or integrity.

The legislature therefore finds that it is desirable to clarify the

law in this area in order to protect people from violence and crime.

The legislature further finds that there is a need to assure that

victims of violence, including persons threatened with harm or violence,

have a clear right to access assistance to protect personal or public

safety.

The legislature further finds that clarification in this area will

advance the state's interest in stopping crime and further the aims of

penal laws that depend on citizens to report incidents of crime to law

enforcement.

The legislature finally finds that there is a need to assure that

people who need emergency assistance, including persons with

disabilities, have a clear right to access assistance without fear of

penalty or reprisal.

With this remedial legislation the legislature specifically intends

that the coverage of this article includes, but is not limited to, laws

or ordinances that use any form of cumulative point system for the

purpose of identifying any persons or properties who or which would be

subject to municipal enforcement action.

Right to call for police and emergency assistance; victim

protections. 1. Any person who is a victim of domestic violence, as

defined in section four hundred fifty-nine-a of the social services law,

or who otherwise believes they are in need of police or emergency

assistance has the right to request such assistance and to be free of

any direct or indirect penalty or reprisal for accessing assistance, or

because they reside at a property where domestic violence or other law

enforcement or emergency response activity occurred. Other than as

provided in section ninety-two of this article, no victim of conduct

which has been used as the grounds for the application of a local law or

ordinance established for the purpose of regulating nuisances shall be

directly or indirectly penalized, or otherwise subject to reprisal by

application of such local law, including by termination or refusal to

renew a tenancy or by eviction. These protections shall also extend to

any residential occupant upon whose behalf a third party has called for

police or emergency assistance.

2. No residential occupant shall be required, either orally or in

writing, to waive rights under this article, and any such waiver shall

be void and unenforceable.

Protections not applicable to breaches of lease, illicit

activities or other violations of law. The protections of this article

shall not be deemed to prohibit a municipality from enforcing an

ordinance or local law, nor restrict a landlord from terminating,

evicting or refusing to renew a tenancy, when such action is premised

upon grounds other than access of police or emergency assistance or is

otherwise premised on conduct unrelated to the residential occupant's

status as a target or victim of violence or harm.

Right of property owners to be free of penalty for respecting

the rights of an occupant to request police or emergency assistance. No

landlord or other property owner shall be subject to fines or loss of

permits or licenses by a municipality for failing to penalize or take

steps to remove an occupant who has exercised rights under this article.

Limitation on right to request police or emergency assistance

prohibited. A municipality, municipal authority, landlord or property

owner shall not prohibit, restrict, penalize or in any other way

directly or indirectly limit any person's exercise of rights under this

article and any such limitation shall be void as contrary to public

policy. The protections of this prohibition shall extend to any

residential occupant upon whose behalf a third party has called for

police or emergency assistance.

Defenses. 1. It is a defense to any judicial or administrative

action or proceeding taken by any municipality or municipal authority

enforcing any local law or ordinance that the enforcement action

directly or indirectly penalizes a residential occupant or property

owner for the exercise of rights under this article. Prior to initiation

of any such enforcement action or proceeding all parties and any

residential occupant that may be so impacted shall be given written

notice by the municipality of the protections of this article and shall

have the right to be heard in the action or proceeding to advance the

defenses provided by this article.

2. It is a defense in any action or proceeding by a landlord or other

owner of real property to regain possession of that property that the

action or proceeding directly or indirectly penalizes a residential

occupant for the exercise of rights under this article. Any residential

occupant whose right to continued occupancy may be impacted by the

action or proceeding shall be given written notice of the action or

proceeding and the protections of this article by the party initiating

the action or proceeding. The residential occupant shall have the right

to appear as a necessary party in accordance with the provisions of the

civil practice law and rules and the real property actions and

proceedings law in order to advance the defenses provided by this

article.

Removal of the perpetrator of violence while assuring continued

occupancy by victim. Actions including termination, eviction or refusal

to renew a leasehold interest or termination of any other form of lawful

occupancy through a judicial proceeding may be carried out against the

perpetrator of such violence or harm. Notwithstanding the terms of an

existing lease, written or oral, or other form of occupancy agreement,

any person with rights described in section ninety-one of this article

shall have the right to continue in occupancy, and the court may so

order, for a term equivalent to the balance of the original term and

under the same terms and conditions as provided in the original lease or

occupancy agreement.

Remedies. Any person or entity aggrieved by a violation of the

protections created by this article shall have the right to bring an

action or special proceeding in a court of appropriate jurisdiction to

seek damages and/or declaratory and injunctive relief or any other

remedies as provided by law with respect to such violation. A prevailing

plaintiff may be entitled to an award of costs and attorney's fees.

Availability of remedies. Seeking legal remedies or relief under

this article shall not diminish or impair the right of a person to seek

or receive any other relief, remedy or benefit under any other

applicable law or legal process.

Definitions. For purposes of this article:

1. The term "face covering" means any item that is used to conceal,

disguise, or obscure the facial identity, including any opaque mask,

garment, helmet, headgear, balaclava, ski mask, neck gaiter, or tactical

mask. The term "face covering" shall not include:

(a) a transparent face shield;

(b) a medical grade surgical mask or N95 respirator worn to prevent

the transmission of diseases or illnesses;

(c) a mask or apparatus worn to protect against imminent exposure to

any toxins, gas, smoke, or other hazardous or harmful environmental

condition;

(d) a mask, helmet, self-contained breathing apparatus, or other

device necessary when worn to perform duties related to a water rescue

operation;

(e) a motorcycle helmet when worn by an individual using a motorcycle

or other vehicle that requires a helmet for safe operations;

(f) necessary protective eyewear;

(g) ballistic gear worn for the purposes of physical safety;

(h) camouflage gear worn for the purposes of blending in to a physical

environment;

(i) a mask or disguise worn for the purposes of active undercover

operations;

(j) a garment worn for religious purposes;

(k) sunglasses;

(l) facial hair; or

(m) any other item worn to follow applicable laws on occupational

health and safety, reasonable workplace accommodations, or to protect

the skin from frostbite during conditions that the law enforcement

officer reasonably thinks could cause frostbite.

2. The term "law enforcement officer" means:

(a) any police officer, as defined in section 1.20 of the criminal

procedure law;

(b) any peace officer, as defined in section 2.10 of the criminal

procedure law; or

(c) any federal law enforcement officer, as defined in section 2.15 of

the criminal procedure law.

Face coverings prohibited. 1. A law enforcement officer shall

not wear any face covering that conceals, disguises, or obscures their

facial identity while interacting with the public in the performance of

their duties, except as authorized by this article.

2. Any person who willfully violates this section shall for a first

offense be guilty of a violation and each subsequent offense shall be

guilty of a misdemeanor.

Identification required. 1. Any uniformed law enforcement

officer while interacting with the public in the performance of their

duties shall visibly display:

(a) the name of the agency or department employing such officer; and

(b) at least one form of identification of the officer, such as the

officer's name, badge number, or shield number.

2. Law enforcement officers who are not uniformed while interacting

with the public in the performance of their duties shall wear at least

one visibly identifying agency-issued or department-issued logo, patch,

emblem, insignia, or other external identifier clearly identifying such

officer as a law enforcement officer within such agency or department

acting under color of law.

3. The requirements of this section shall not apply to:

(a) officers engaged in active undercover operations, covert

surveillance, other investigative activities where identification would

compromise such investigation, or protective detail assignments for a

designated person or location where visible identification would

materially increase a security risk to the officer or the protected

individual; or

(b) officers using personal protective equipment required for medical

or emergency response purposes, where such equipment temporarily

prevents visible display of identification.

4. For the purposes of this section: (a) "visibly display" means to

wear externally on the uniform in a size and location that is reasonably

visible to members of the public with whom the officer interacts; and

(b) compliance with 10 U.S.C. § 723, in circumstances where that statute

applies, satisfies all obligations that this section imposes upon the

officer.

5. Any person who willfully violates this section shall for a first

offense be guilty of a violation and each subsequent offense shall be

guilty of a misdemeanor.

6. The provisions of this section shall apply notwithstanding any

other provisions of state or local law, charter, code, ordinance,

resolution, rule, or regulation to the contrary. Provided, however, that

nothing in this article shall be construed to prevent or restrict the

state government from adopting, enacting, or enforcing state policies or

a local government from adopting, enacting, or enforcing local policies,

laws, resolutions, ordinances, or regulations which comply with at least

the applicable standards or requirements of this section, or which

exceed the provisions of this section beyond the requirements set forth

in the chapter of the laws of two thousand twenty-six that added this

section.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect

immediately.