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Sponsors
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History
- 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.
Relates to the privacy rights of crime victims
In Assembly Committee · Governmental Operations · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7848
Title of bill
An act to amend the civil rights law, in relation to the privacy rights of crime victims
Purpose or general idea of bill
A public servant, or anyone acting as a public servant who intentionally broadcast or publishes an image of a crime victim outside of their official duties can be subject to a civil action to recover damages suffered by reason of such wrongful disclosure.
Summary of specific provisions
Section 1 amends the civil rights law by adding a new section 50-f.
Section 2 is the effective date.
Justification
In March 2009, a 26 year-old woman named Caroline Wimmer was brutally murdered in her West Brighton, Staten Island apartment. Caroline was a charming and fun-loving young woman, popular amongst her friends and beloved by her family. Emergency personnel arrived on the scene shortly after Caroline's horrified mother found her on the floor of her bathroom. Inexplicably and shockingly, one' of the EMTs on the scene - Mark Musarella took a picture of Caroline and later posted it on his Facebook page.
Despite the egregiousness of this act, Musarella could only be charged with the simple misdemeanor of official conduct; he would later plead own to a reduced charge of disorderly conduct, a mere violation no more serious than trespassing or possession of a small amount of marijuana. He also received only 200 hours of community service and no jail time.
New York State law must be updated to address situations like this. It is clear from the outcome of Mark Musarella's prosecution that current law is inadequate in this area. This bill would bring the Civil Rights Law right of privacy section into the modern age and ensure that any public official who commits a ghastly, insensitive and appalling act such as this can be subject to a civil action to recover damages suffered by reason of such wrongful disclosure.
It will further help deter such actions and try to ensure that no family will have to experience the double horrors that the Wimmer family faced. Further, this law would strongly promote the training of public servants to encourage proper and respectful treatment of crime victim images and discourage egregious acts like this.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.