What's happening
This bill creates a private right to sue for damages if someone installs video devices to record backyard activities without consent.
Why it matters
Empowers homeowners and tenants. by giving them a direct legal tool to seek damages if someone tries to record their backyard activities without permission, specifically targeting harassment, annoyance, or threats.
Addresses privacy in residential spaces. by clearly defining “backyard” to include the area behind and to the sides of a home, ensuring that private outdoor activities are protected from unwanted surveillance.
Sets clear boundaries for surveillance. by exempting law enforcement acting within their official duties, focusing the restriction on private individuals rather than public safety operations.
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Who cares
Residential property owners and tenants
They could sue for damages when someone installs a video device on adjoining property to record their backyard recreation without written consent and with intent to harass, annoy, alarm or threaten.
Neighbors installing video cameras
They could face damages claims if their recording of backyard recreational activities meets the bill’s consent and intent requirements.
Law enforcement personnel
They would be exempt from the new right of action while conducting authorized duties.
Headline styles
Stop Backyard Video Spying
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
9 Co-sponsors
1 Multi-sponsor
History
- Substituted by S870A
- Rules report cal.639
- Reported
- Reported referred to rules
- Reported referred to codes
- Print number 861a
- Amend and recommit to judiciary
- Referred to judiciary
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.
Stop Backyard Video Spying
Signed by Governor · Sponsor Catharine Young
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
861--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. BRAUNSTEIN, PALMESANO, MONTESANO, SCHIMMINGER, OAKS, TITONE, ABINANTI, McDONOUGH -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Judiciary -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to establishing private right of action for unwarranted video imaging of residential premises
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 52-a to read as follows:
§ 52-a. Private right of action for unwarranted video imaging of residential premises. 1. Any owner or tenant of residential real property shall have a private right of action for damages against any person who installs or affixes a video imaging device on property adjoining such residential real property for the purpose of video taping or taking moving digital images of the recreational activities which occur in the backyard of the residential real property without the written consent thereto of such owner and/or tenant with intent to harass, annoy or alarm another person, or with intent to threaten the person or property of another person. The provisions of this section shall not apply to any law enforcement personnel engaged in the conduct of their authorized duties.
2. For the purposes of this section, "backyard" shall mean that portion of the parcel on which residential real property is located which extends beyond the rear footprint of the residential dwelling situated thereon, and to the side and rear boundaries of such parcel extending beyond the rear footprint of such residential dwelling.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to acts occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01758-04-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.