Bill Text: NY S04886 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to unauthorized recording offenses; includes data storage devices in the definition of recording; provides for restitution to victims.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-06-23 - SUBSTITUTED BY A7811B [S04886 Detail]

Download: New_York-2011-S04886-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4886
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 28, 2011
                                      ___________
       Introduced  by  Sen.  ROBACH -- 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 offenses relating to unau-
         thorized recordings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 6 of section 275.00 of the penal law, as added
    2  by  chapter  460 of the laws of 1990, is amended and a new subdivision 7
    3  is added to read as follows:
    4    6. "Recording" means an original phonograph record, disc, tape,  audio
    5  or  video  cassette, wire, film, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR
    6  OTHER DATA STORAGE DEVICE or any other  medium  on  WHICH  such  sounds,
    7  images,  or  both  sounds and images are or can be recorded or otherwise
    8  stored, or a copy or reproduction that duplicates in whole  or  in  part
    9  the original.
   10    7.    "AGGREGATE WHOLESALE VALUE" MEANS THE AVERAGE WHOLESALE VALUE OF
   11  LAWFULLY MANUFACTURED AND AUTHORIZED  RECORDINGS  CORRESPONDING  TO  THE
   12  NUMBER OF NONCONFORMING RECORDINGS INVOLVED IN THE OFFENSE. PROOF OF THE
   13  SPECIFIC  WHOLESALE  VALUE  OF EACH NONCONFORMING RECORDING SHALL NOT BE
   14  REQUIRED.
   15    S 2. The penal law is amended by adding a new section 275.50  to  read
   16  as follows:
   17  S 275.50 RESTITUTION.
   18    IN  ADDITION  TO  ANY  OTHER  PENALTY PERMITTED BY LAW, IF A PERSON IS
   19  CONVICTED OF AN OFFENSE UNDER THIS  ARTICLE  THE  COURT  MAY  ORDER  THE
   20  PERSON  TO  MAKE RESTITUTION TO ANY OWNER OR LAWFUL PRODUCER OF A MASTER
   21  RECORDING THAT HAS SUFFERED INJURY AS A RESULT OF THE OFFENSE OR A TRADE
   22  ASSOCIATION THAT REPRESENTS AN OWNER OR LAWFUL PRODUCER.   AN  ORDER  OF
   23  RESTITUTION  MAY  BE  BASED ON THE AGGREGATE WHOLESALE VALUE OF LAWFULLY
   24  MANUFACTURED AND AUTHORIZED RECORDINGS CORRESPONDING TO  THE  NUMBER  OF
   25  NONCONFORMING  RECORDINGS INVOLVED IN THE OFFENSE UNLESS A GREATER VALUE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10698-02-1
       S. 4886                             2
    1  CAN BE PROVEN. AN ORDER OF RESTITUTION MAY  ALSO  INCLUDE  INVESTIGATIVE
    2  COSTS RELATING TO THE OFFENSE.
    3    S  3.    This  act  shall  take  effect  on the first of November next
    4  succeeding the date on which it shall have become a law.