Bill Text: NY S02662 | 2019-2020 | General Assembly | Introduced


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: (Engrossed - Dead) 2020-07-21 - referred to codes [S02662 Detail]

Download: New_York-2019-S02662-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2662
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed 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    §  2.  The penal law is amended by adding a new section 250.70 to read
     4  as follows:
     5  § 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.
                                                                   LBD00255-01-9

        S. 2662                             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    § 3. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.
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