What's happening
This bill makes images of crime victims recorded by public servants confidential, restricting their unauthorized dissemination and allowing victims to sue for damages.
Why it matters
Strengthens privacy protections for crime victims. by explicitly making images taken by public servants in the line of duty confidential, helping to prevent further trauma or exploitation resulting from unauthorized sharing or publication.
Creates clear legal definitions. of what it means to “broadcast,” “disseminate,” and “publish” images, closing loopholes and clarifying when a violation has occurred, which assists both victims and those enforcing the law.
Empowers victims with civil remedies. , allowing them to sue for actual and exemplary damages—and recover attorney’s fees—if their images are wrongfully shared, providing a tangible deterrent to unauthorized dissemination.
Balances transparency and official needs. by allowing exceptions for legitimate official uses (such as training or complying with court orders), while also giving alleged violators the opportunity to present an official-purpose defense in court, ensuring the law doesn’t unduly restrict necessary governmental functions.
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Who cares
Headline styles
Protect Crime Victims' Images
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
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 Victim Images
In Senate Committee · Codes · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4833
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Governmental Operations
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.
LBD00247-01-9
A. 4833 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.