Bill Text: NY S05729 | 2017-2018 | General Assembly | Introduced

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Bill Title: Criminalizes the video recording of the commission of a violent felony and the conspiracy to record such video.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S05729 Detail]

Download: New_York-2017-S05729-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5729
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 27, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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 criminalizing the  filming
          of a violent crime
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 235 of the penal law is amended by adding three new
     2  sections 235.25, 235.26 and 235.27 to read as follows:
     3  § 235.25 Recording a video of the commission of a violent felony;  defi-
     4             nitions of terms.
     5    For  the  purposes  of sections 235.26 and 235.27, of this article the
     6  term "violent felony" means any offense described in  section  70.02  of
     7  this chapter.
     8  § 235.26 Recording a video of the commission of a violent felony.
     9    A person is guilty of recording a video of the commission of a violent
    10  felony when he or she:
    11    1. wilfully records a video of the commission of a violent felony with
    12  intent  to promote or encourage the commission of the underlying violent
    13  felony; or
    14    2. conspires with another to record a video of  the  commission  of  a
    15  violent felony with intent to promote or encourage the commission of the
    16  underlying violent felony.
    17    Recording  a  video of the commission of a violent felony is a class E
    18  felony.
    19  § 235.27 Recording a video of the commission of a violent felony;  limi-
    20             tations.
    21    Submission of the video described in section 235.26 of this article by
    22  the  person  recording the video to law enforcement at the first reason-
    23  able opportunity may be considered as evidence that  the  person  lacked
    24  the  intent  to  promote  or  encourage the commission of the underlying
    25  violent felony.
    26    § 2. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11170-02-7