Bill Text: NY S03987 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Prohibits the recording of visual images of a person having a reasonable expectation of privacy while within a dwelling, when such images are recorded by another person outside the dwelling; makes such a violation a misdemeanor and establishes civil liability by private cause of action.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03987 Detail]

Download: New_York-2021-S03987-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3987

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 1, 2021
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes

        AN ACT to amend the civil rights law, in relation to capturing the visu-
          al image of a person within a dwelling when such person has a  reason-
          able expectation of privacy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of section 50 of the civil rights law
     2  is designated subdivision 1 and a new subdivision 2 is added to read  as
     3  follows:
     4    2.  A  person who, while located outside a dwelling, knowingly records
     5  or captures a visual image of  another  person  within  a  dwelling  and
     6  having a reasonable expectation of privacy therein, shall be guilty of a
     7  misdemeanor. For the purposes of this subdivision, "dwelling" shall have
     8  the  same  meaning as provided in subdivision three of section 140.00 of
     9  the penal law.
    10    § 2. The opening paragraph of section 51 of the civil  rights  law  is
    11  designated  subdivision  1  and  a new subdivision 2 is added to read as
    12  follows:
    13    2. Any person whose visual image is recorded or captured in  violation
    14  of  subdivision  two  of  section  fifty of this article may maintain an
    15  equitable action in the supreme court of this state against  any  person
    16  recording,  capturing or disseminating such visual image, to prevent the
    17  viewing or dissemination thereof; and may also sue and  recover  damages
    18  for  any  injuries  sustained by reason of such viewing or dissemination
    19  and if the defendant shall have knowingly viewed  or  disseminated  such
    20  person's  visual  image captured or recorded in violation of subdivision
    21  two of section fifty of this article, the jury, in its  discretion,  may
    22  award exemplary damages.
    23    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08260-01-1