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A9492Assembly2009-2010 SessionSame asS2368

Establishes the crimes of possession of an unauthorized recording in the first and second degree

Sponsor Jonathan BingAD-73+7 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2368Senate

Establishes the crimes of possession of an unauthorized recording in the first and second degree

In Senate Committee · Codes · Sponsor Frank Padavan

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9492

Title of bill

An act to amend the penal law, in relation to establish- ing the crimes of possession of an unauthorized recording in the first and second degrees

Purpose

To increase the penalties for intellectual property theft involving unauthorized recordings.

Summary of provisions

Amends the penal law by adding two new sections 275.41 and 275.42 to create the crimes of possession of an unauthorized recording in the second degree and possession of an unauthorized record- ing in the first degree.

Justification

The counterfeit goods trade is a serious problem which is reportedly getting worse. This illicit trade comprises the sale of so-called knock-offs of brand-name products as well as pirated intellec- tual property, including "bootleg" DVDs. It has been estimated that the counterfeit goods trade takes billions of dollars out of the state's economy, with an annual fiscal impact of over $2.6 billion in lost revenue.

Under current law, the "unauthorized operation of a recording device in a motion picture theater" is prohibited as a violation under penal law section 275.32. This legislation would allow for prosecutions for possession of recordings made in violation of that section; possession of more than ten (10) such recordings would be a class E felony.

Prior legislative history

2006 - A.9449 (Referred to Codes); 2007-08 A.1846 (Referred to Assembly Codes/Passed Senate); 2009 - A, 3684 (Referred to Codes).

Fiscal implications

None.

Effective date

The first day of November next

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.