What's happening
This bill prohibits public servants from sharing images of crime victims outside official duties, allowing civil actions for unauthorized dissemination.
Why it matters
Protects the privacy of crime victims by making images taken by public servants during their official duties confidential. , unless shared for authorized official purposes, court orders, or legal requirements. This helps shield victims and their families from unwanted exposure or trauma related to their cases.
Empowers victims with the right to sue for both actual and exemplary damages. if their images are wrongfully broadcast or published by public servants outside the scope of their duties. This creates a tangible deterrent against the misuse or unauthorized sharing of sensitive images.
Defines key terms like "broadcast," "disseminate," and "publish" broadly. , covering both electronic and physical means of sharing, and making it harder to exploit loopholes in how images are distributed.
Allows for a legal defense if the image was shared for an authorized, official purpose. , but requires notification of the victim and their legal caretakers, ensuring that the victim’s interests are represented in any legal proceedings regarding the use of their image.
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Who cares
Headline styles
Protect Crime Victims’ Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Protect Crime Victims’ Images
In Assembly Committee · Governmental Operations · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3881
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to the privacy rights of crime victims
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 50-f to read as follows:
§ 50-f. Right of privacy; dissemination of the image of a crime victim. 1. The image of a crime victim, within the meaning of section six hundred forty-one of the executive law, shall be deemed confidential to the extent provided in this section. No person who is a public servant, or who is performing the official duties of a public servant, who in the course of his or her official duties records a still or motion picture image of a crime victim, shall intentionally broadcast or publish such image of such crime victim outside of the course of conduct of his or her official duties, except that nothing herein shall be construed to impair or diminish the authority to use such still or motion picture image for an authorized official purpose, including authorized training, nor the obligation to disclose such image pursuant to a court order or as may otherwise be required by law.
2. For purposes of this section:
(a) "Broadcast" means electronically transmitting a visual image with the intent that it be viewed by a person.
(b) "Disseminate" means to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.
(c) "Publish" means to (i) post, present, display, exhibit, circulate, advertise or allow access, electronically or otherwise, so as to make an image or images available to the public; or (ii) disseminate with the intent that an image or images be posted, presented, displayed, exhib-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00260-01-7
S. 3881 2
ited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public.
3. If an image of a crime victim, as defined in subdivision one of this section, is broadcast or published in violation of such subdivision, any person injured by such broadcast or publication, may bring an action to recover actual and/or exemplary damages suffered by reason of such wrongful broadcast or publication. In any action brought under this section, the court may award reasonable attorney's fees to a prevailing plaintiff.
4. Any person who, upon application to a court having jurisdiction over said action, demonstrates to the satisfaction of the court that an authorized, official purpose existed for such broadcast or publication, shall have a defense to such action. Such application shall be made upon notice to all parties as well as the crime victim and any person legally responsible for the care of such crime victim.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 broadcasts 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
2016- died in Senate Codes and Assembly Governmental Operations. 2015- died in Senate Codes and Assembly Governmental Operations. 2014- died in Senate Codes and Assembly Governmental Operations.
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.