Bill Text: NY A04833 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the privacy rights of crime victims; prohibits public servants from disseminating or broadcasting images of crime victims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A04833 Detail]

Download: New_York-2019-A04833-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4833
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Governmental Operations
        AN  ACT to amend the civil rights law, in relation to the privacy rights
          of crime victims
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  50-f to read as follows:
     3    § 50-f. Right of privacy;  dissemination  of  the  image  of  a  crime
     4  victim.  1.  The  image of a crime victim, within the meaning of section
     5  six hundred forty-one of the executive law, shall be deemed confidential
     6  to the extent provided in this section. No person who is a public  serv-
     7  ant,  or  who is performing the official duties of a public servant, who
     8  in the course of his or her official duties records a  still  or  motion
     9  picture  image  of  a  crime  victim,  shall  intentionally broadcast or
    10  publish such image of such crime victim outside of the course of conduct
    11  of his or her official duties,  except  that  nothing  herein  shall  be
    12  construed  to  impair  or  diminish  the  authority to use such still or
    13  motion picture image  for  an  authorized  official  purpose,  including
    14  authorized  training, nor the obligation to disclose such image pursuant
    15  to a court order or as may otherwise be required by law.
    16    2. For purposes of this section:
    17    (a) "Broadcast" means electronically transmitting a visual image  with
    18  the intent that it be viewed by a person.
    19    (b)  "Disseminate"  means to give, provide, lend, deliver, mail, send,
    20  forward, transfer or transmit, electronically or  otherwise  to  another
    21  person.
    22    (c) "Publish" means to (i) post, present, display, exhibit, circulate,
    23  advertise or allow access, electronically or otherwise, so as to make an
    24  image  or  images  available to the public; or (ii) disseminate with the
    25  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.
                                                                   LBD00247-01-9
        A. 4833                             2
     1  ited,  circulated,  advertised  or  made  accessible,  electronically or
     2  otherwise and to make such image or images available to the public.
     3     3.  If  an  image of a crime victim, as defined in subdivision one of
     4  this section, is broadcast or published in violation  of  such  subdivi-
     5  sion,  any person injured by such broadcast or publication, may bring an
     6  action to recover actual and/or exemplary damages suffered by reason  of
     7  such wrongful broadcast or publication. In any action brought under this
     8  section,  the court may award reasonable attorney's fees to a prevailing
     9  plaintiff.
    10    4. Any person who, upon application to  a  court  having  jurisdiction
    11  over  said action, demonstrates to the satisfaction of the court that an
    12  authorized, official purpose existed for such broadcast or  publication,
    13  shall have a defense to such action. Such application shall be made upon
    14  notice to all parties as well as the crime victim and any person legally
    15  responsible for the care of such crime victim.
    16    § 2. This act shall take effect immediately.