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S870Senate2017-2018 SessionSame asA861

Stop Backyard Video Spying

Official title

“Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises”

Sponsor Catharine YoungSD-57Affects Legal
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows homeowners and tenants to sue anyone who installs video cameras to record their backyard activities without consent, except law enforcement.

Why it matters

  1. Expands privacy protections for residents. By granting homeowners and tenants the right to sue for damages, the bill empowers individuals to directly challenge surveillance that invades the private, recreational space of their backyards.

  2. Targets intentional misuse of surveillance technology. The bill specifically covers video imaging done with intent to harass, annoy, alarm, or threaten, addressing concerns about neighbor disputes, stalking, or intimidation tactics using cameras.

  3. Defines "backyard" to clarify scope. By precisely stating what constitutes a backyard, the bill provides clear legal boundaries, reducing ambiguity over where video surveillance is prohibited under these circumstances.

  4. Law enforcement exemption balances privacy and public safety. The explicit exemption for law enforcement engaged in official duties ensures that legitimate investigations are not hindered, aiming to balance individual privacy with broader security needs.

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Who cares

Headline styles

Stop Backyard Video Spying

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Catharine Young

Senator · Senate District 57

Chair, Finance

No co-sponsors yet.

History

  1. Signed chap.169
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.639
  6. Substituted for A861A
  7. Referred to judiciary
  8. Delivered to assembly
  9. Passed senateVote 61–1
  10. Amended on third reading 870a
  11. Ordered to third reading cal.1380
  12. Committee discharged and committed to rules
Show 1 earlier action
  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.

A861Assembly

Stop Backyard Video Spying

Assembly Floor Calendar · Sponsor Edward Braunstein

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

870--A Cal. No. 1380

2017-2018 Regular Sessions

IN SENATE

January 5, 2017

Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged and said bill committed to the Committee on Rules -ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

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.

LBD01758-05-7

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 establishing private right of action for unwarranted video imaging of residential premises

Purpose or general idea of bill

The purpose of this legislation is to establish a right of action for damages from the unauthorized invasion of privacy by video surveillance of an individual's recreational activities which occur in their own backyard.

Summary of specific provisions

Section one adds a new section to create the right to sue for damages for the unauthorized video imaging of a residential premise. A person is guilty of this action if he or she intentionally uses or installs, or permits to be, used, or installed, a video imaging system that allows the unwarranted video imaging of an adjoining residential property owner's backyard premise without the property owner's written consent. "Backyard" is defined as the portion of the parcel on which the residential parcel is located which extends beyond the rear footprint of the residential dwelling to the rear and side boundary lines of such parcel.

Read the full memo (656 words)

Section two provides the date that the act shall take effect.

Justification

In 2003, Stephanie's Law was signed into law. This bill seeks to close a gap in that law. Stephanie's Law was named after Stephanie Fuller, a woman who discovered that she was being secretly videotaped in her bedroom by her landlord. This law sought to expand protections of privacy to include incidents where voyeurs used new types of technology.

Stephanie discovered that she was being videotaped by her landlord when her boyfriend noticed strange wires coming out of the smoke alarm in her bedroom. Because her landlord used a video camera that was not filming Stephanie through her window, he could not be charged with violating New York's "Peeping Tom" laws.

Under Stephanie's Law, unlawful Surveillance is now a Class E felony, punishable by up to four years imprisonment for first time offenders, and up to seven years for repeat offenders (N.Y. Crim. Pen. L. 250.5).

Several other states have also enacted their own versions of Stephanie's Law, including: Washington, Tennessee, Wisconsin, Virginia, California, and Illinois. All of these anti-voyeurism laws focus their protection of privacy on the physical location where the incident occurred rather than on the individual privacy invasion committed.

Currently, New York contains no restrictions to control videotaping which monitors a neighbor's back yard. Penal Law Sections 250.40 et seq. only establishes criminal penalties for unlawful video surveillance when the videotaping occurs in a setting with a "reasonable expectation of privacy" (i.e. a bathroom or changing room), or if a perpetrator had to trespass on property to videotape or install a camera.

In at least one instance, a family has been subject to undue stress and concern for their young children's safety when they were subject to constant camera surveillance while swimming or sunbathing in their own backyard by an adjoining neighbor who is a registered sex offender. However, because New York State law provides no protection from unwarranted and potentially dangerous video observation and recording, there is little that can be done to prevent this unnerving intrusion.

This legislation would help to ensure that the rights of adjoining landowners are subordinate to the rights of individuals who wish to enjoy backyard recreational activities with a certain expe.ctation of privacy, without being subject to annoying or harassing behavior. Owners who do not care about their neighbor's video imaging can authorize such observation via written consent. No right of privacy is afforded when the imaging is done by a law enforcement officer in the course of their official duties.

Prior legislative history

2015,2016: S.2318/A.7889 Passed Senate 2013,2014: S.3079-A/A.9695 Passed Senate 2012: S.7111 Referred to Codes

Fiscal implications

None.

Effective date

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.

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