Bill Text: NY S03881 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the privacy rights of crime victims; prohibits public servants from disseminating or broadcasting of images of crime victims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S03881 Detail]

Download: New_York-2017-S03881-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3881
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 27, 2017
                                       ___________
        Introduced  by  Sen.  SAVINO -- 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 the privacy  rights
          of crime victims
          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  50-f to read as follows:
     3    §  50-f.  Right  of  privacy;  dissemination  of  the image of a crime
     4  victim. 1. The image of a crime victim, within the  meaning  of  section
     5  six hundred forty-one of the executive law, shall be deemed confidential
     6  to  the extent provided in this section. No person who is a public serv-
     7  ant, or who is performing the official duties of a public  servant,  who
     8  in  the  course  of his or her official duties records a still or motion
     9  picture image of  a  crime  victim,  shall  intentionally  broadcast  or
    10  publish such image of such crime victim outside of the course of conduct
    11  of  his  or  her  official  duties,  except that nothing herein shall be
    12  construed to impair or diminish the  authority  to  use  such  still  or
    13  motion  picture  image  for  an  authorized  official purpose, including
    14  authorized training, nor the obligation to disclose such image  pursuant
    15  to a court order or as may otherwise be required by law.
    16    2. For purposes of this section:
    17    (a)  "Broadcast" means electronically transmitting a visual image with
    18  the intent that it be viewed by a person.
    19    (b) "Disseminate" means to give, provide, lend, deliver,  mail,  send,
    20  forward,  transfer  or  transmit, electronically or otherwise to another
    21  person.
    22    (c) "Publish" means to (i) post, present, display, exhibit, circulate,
    23  advertise or allow access, electronically or otherwise, so as to make an
    24  image or images available to the public; or (ii)  disseminate  with  the
    25  intent  that  an image or images be posted, presented, displayed, exhib-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00260-01-7
        S. 3881                             2
     1  ited, circulated,  advertised  or  made  accessible,  electronically  or
     2  otherwise and to make such image or images available to the public.
     3     3.  If  an  image of a crime victim, as defined in subdivision one of
     4  this section, is broadcast or published in violation  of  such  subdivi-
     5  sion,  any person injured by such broadcast or publication, may bring an
     6  action to recover actual and/or exemplary damages suffered by reason  of
     7  such wrongful broadcast or publication. In any action brought under this
     8  section,  the court may award reasonable attorney's fees to a prevailing
     9  plaintiff.
    10    4. Any person who, upon application to  a  court  having  jurisdiction
    11  over  said action, demonstrates to the satisfaction of the court that an
    12  authorized, official purpose existed for such broadcast or  publication,
    13  shall have a defense to such action. Such application shall be made upon
    14  notice to all parties as well as the crime victim and any person legally
    15  responsible for the care of such crime victim.
    16    § 2. This act shall take effect immediately.