Bill Text: NY A01483 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the crime of dissemination of an image of a crime victim; makes a person guilty of such crime where the person is a public servant and, while in the course of the public servant's official duties, records a still image or motion picture of a crime victim and broadcasts or publishes such images or motion pictures outside of the course of conduct of the public servant's official duties; makes such crime a class A misdemeanor.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01483 Detail]

Download: New_York-2015-A01483-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1483
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M. of A. CUSICK, TITONE, MALLIOTAKIS, BORELLI, ABINANTI,
         CURRAN -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to  prohibiting  the  dissem-
         ination of an image of a crime victim by public servants
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may  be  cited  as  "Caroline's
    2  Law".
    3    S  2.  The penal law is amended by adding a new section 250.70 to read
    4  as follows:
    5  S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM.
    6    1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A  CRIME  VICTIM
    7  WHERE  (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF
    8  A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B)  WHILE  IN  THE
    9  COURSE  OF  HIS  OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION
   10  PICTURE OF A CRIME VICTIM; AND (C) INTENTIONALLY BROADCASTS OR PUBLISHES
   11  SUCH IMAGES OR MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT  OF  THE
   12  PUBLIC  SERVANT'S  OFFICIAL DUTIES; EXCEPT, THAT NOTHING HEREIN SHALL BE
   13  CONSTRUED TO IMPAIR OR DIMINISH THE RIGHT TO USE SUCH IMAGES  OR  MOTION
   14  PICTURES FOR OFFICIAL TRAINING PURPOSES.
   15    2. FOR PURPOSES OF THIS SECTION:
   16    (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
   17  THE INTENT THAT IT BE VIEWED BY A PERSON.
   18    (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
   19  FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
   20  PERSON.
   21    (C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
   22  ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
   23  IMAGE OR IMAGES AVAILABLE TO THE PUBLIC; OR (II)  DISSEMINATE  WITH  THE
   24  INTENT  THAT  AN IMAGE OR IMAGES BE POSTED, PRESENTED, DISPLAYED, EXHIB-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01881-01-5
       A. 1483                             2
    1  ITED, CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY  OR
    2  OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
    3    DISSEMINATION OF AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
    4    S 3. This act shall take effect on the one hundred eightieth day after
    5  it shall have become a law.