Bill Text: NJ S3037 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits improper release of photographs or videos captured by public entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-11-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3037 Detail]
Download: New_Jersey-2012-S3037-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits improper release of photographs or videos captured by public entities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning photographs and videos captured by certain image recording devices and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as otherwise specifically provided in this act, any person who discloses any photograph, film, videotape, recording, or other reproduction of an image taken by a security camera, surveillance device, mobile video recording system, or any similar device owned, used or operated by a public entity, which is capable of capturing visual images in any manner, is guilty of a crime of the third degree.
b. It shall be a violation to disclose in any manner any such photograph, film, videotape, recording, or other reproduction of an image except under the following circumstances:
(1) to law enforcement officers in connection with a criminal investigation;
(2) pursuant to subpoena or court order for use in a legal proceeding;
(3) to an employee or agent of the public entity who requires the photograph, film, videotape, recording, or other reproduction of an image for use in the ordinary course of business; or
(4) as authorized or required by law, rule or regulation.
c. As used in this section, "disclose" means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the improper release of photographs or videos captured by security cameras or other image recording devices operated by public entities.
Except as provided by the bill, any person who discloses any photograph, film, videotape, record, or other reproduction of an image taken by a security camera, surveillance device, mobile video recording system, or any other similar device owned, used or operated by a public entity, which is capable of capturing visual images in any manner, is guilty of a crime of the third degree.
Crimes of the third degree are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
Under the provisions of the bill, it is not a violation to disclose:
(1) to law enforcement officers in connection with a criminal investigation;
(2) pursuant to subpoena or court order for use in a legal proceeding;
(3) to an employee or agent of the public entity who requires the photograph, film, videotape, recording, or other reproduction of an image for use in the ordinary course of business; or
(4) as authorized or required by law, rule or regulation.
