Bill Text: NY S00870 | 2017-2018 | General Assembly | Amended


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-08-16 - SIGNED CHAP.169 [S00870 Detail]

Download: New_York-2017-S00870-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         870--A
            Cal. No. 1380
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged  and  said  bill  committed  to  the  Committee on Rules --
          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    § 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  or  taking
     8  moving  digital images of the recreational activities which occur in the
     9  backyard of the residential real property without  the  written  consent
    10  thereto  of  such  owner  and/or  tenant with intent to harass, annoy or
    11  alarm another person, or with intent to threaten the person or  property
    12  of  another  person.   The provisions of this section shall not apply to
    13  any law enforcement personnel engaged in the conduct of their authorized
    14  duties.
    15    2. For the purposes  of  this  section,  "backyard"  shall  mean  that
    16  portion  of  the  parcel  on  which residential real property is located
    17  which extends beyond the rear  footprint  of  the  residential  dwelling
    18  situated  thereon,  and  to  the side and rear boundaries of such parcel
    19  extending beyond the rear footprint of such residential dwelling.
    20    § 2. This act shall take effect on the thirtieth day  after  it  shall
    21  have  become  a  law, and shall apply to acts occurring on or after such
    22  date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01758-05-7
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