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S6746Senate2011-2012 SessionSame asA10505

Relates to unlawful surveillance in the first and second degrees

Sponsor David CarlucciSD-38Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.939
  7. Print number 6746a
  8. Amend and recommit to codes
  9. 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.

A10505Assembly

Relates to unlawful surveillance in the first and second degrees

In Assembly Committee · Codes · Sponsor Amy Paulin

Full text

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

Sponsor's memo

BILL NUMBER:S6746A

Title of bill

An act to amend the penal law, in relation to unlawful surveillance in the first and second degrees

Purpose

This bill attempts to close a loophole in the penal law to ensure that people who have had their image broadcasted without their consent will have a course of action under the law.

Summary of provisions

Section 1. Amends section 250.45 of the penal law to expand the law to provide that a person can be charged with unlawful surveillance in the second degree if an individual uses a device to view, broadcast or record a person in the same image together with the sexual or other intimate parts of any other person.

Section 2. Amends section 250.55 of the penal law to delete unnecessary language in the existing law as it is already encompassed in the elements of the crime of unlawful surveillance..

Section 3. Amends section 250.60 to delete unnecessary language in existing law as it is already encompassed in the elements of the crime of unlawful surveillance.

Justification

Clarkstown police department found that there was a loophole in the unlawful surveillance laws when a victim came to the police because her image had been posted on the internet without her permission. The image showed the victim and the sexual parts of another person. Even though the image was broadcasted without her consent the police could not press charges because the victim's sexual or intimate parts were not exposed in the picture and therefore did not fall under the definition of the law. Due to this unfortunate loophole in the law the police's hands were tied. Working with the local District Attorney's office the language of this bill was developed. This bill provides that a person could be charged if they disseminate an image of an individual in the same image as any other person's sexual or intimate parts. This expansion of the law will ensure that police officers will be able to bring charges in cases, such as the one that occurred in Rockland County, where a person's privacy had been invaded and their image broadcasted without their permission.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Takes effect on the first of November next succeeding the date on which it becomes law.

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