Bill Text: NY S03079 | 2013-2014 | General Assembly | Amended

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Bill Title: Establishes a private right of action for owners and tenants of residential premises against person video taping recreational activities in the backyard of such premises.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-12 - referred to judiciary [S03079 Detail]

Download: New_York-2013-S03079-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3079--A
           Cal. No. 1152
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2013
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes -- reported  favora-
         bly  from  said committee, ordered to first and second report, ordered
         to a third reading, amended and ordered reprinted, retaining its place
         in the order of third reading
       AN ACT to amend the  civil  rights  law,  in  relation  to  establishing
         private  right  of action for unwarranted video imaging of residential
         premises
         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  52-a to read as follows:
    3    S 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
    4  DENTIAL PREMISES. 1. ANY OWNER OR TENANT OF  RESIDENTIAL  REAL  PROPERTY
    5  SHALL  HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON WHO
    6  INSTALLS OR AFFIXES A VIDEO IMAGING DEVICE ON  PROPERTY  ADJOINING  SUCH
    7  RESIDENTIAL  REAL  PROPERTY  FOR  THE PURPOSE OF VIDEO TAPING THE RECRE-
    8  ATIONAL ACTIVITIES WHICH OCCUR IN THE BACKYARD OF THE  RESIDENTIAL  REAL
    9  PROPERTY  WITHOUT  THE  WRITTEN  CONSENT  THERETO  OF  SUCH OWNER AND/OR
   10  TENANT. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  APPLY  TO  ANY  LAW
   11  ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
   12    2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  "BACKYARD" SHALL MEAN THAT
   13  PORTION OF THE PARCEL ON WHICH  RESIDENTIAL  REAL  PROPERTY  IS  LOCATED
   14  WHICH  EXTENDS  BEYOND  THE  REAR  FOOTPRINT OF THE RESIDENTIAL DWELLING
   15  SITUATE THEREON, AND TO THE SIDE AND  REAR  BOUNDARIES  OF  SUCH  PARCEL
   16  EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
   17    S  2.  This  act shall take effect on the thirtieth day after it shall
   18  have become a law, and shall apply to acts occurring on  or  after  such
   19  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07135-03-3