Bill Text: NY S04978 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04978 Detail]

Download: New_York-2023-S04978-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4978

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by  Sens. MURRAY, PALUMBO -- 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. The penal law is  amended  by  adding  three  new  sections
     2  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 have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09303-01-3