senate Bill S3036

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2013
    • 1ST REPORT CAL.201
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2013
    • PASSED SENATE
  • 19 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • 1ST REPORT CAL.141
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 24 / Mar / 2014
    • PASSED SENATE
  • 24 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 24 / Mar / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Relates to the unauthorized use of the names and images of members of the armed forces or organized militia of New York.

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Bill Details

Versions:
S3036
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Military Law
Laws Affected:
Add §267, Mil L; amd §50, Civ Rts L; add §§250.70 & 270.75, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S5337

Sponsor Memo

BILL NUMBER:S3036

TITLE OF BILL: An act to amend the military law, the civil rights law
and the penal law, in relation to unauthorized use of names and images
of members of the armed forces or organized militia of New York

PURPOSE: To ensure that the name, image, or likeness of any member of
the military is not used for commercial purposes, without the
permission of that member of the armed forces or his or her family if
the individual is deceased.

SUMMARY OF PROVISIONS: This bill would amend the military law, the
civil rights law, and the penal law, to establish a crime for the use,
for commercial purposes, of the name, image, or likeness of any
current or former member of the armed forces or state militia.

Living individuals protected by this act may give permission for their
name, image, or likeness to be used.

Similarly, the family of deceased individuals protected by this act
may also give permission.

A violation of this crime would be punishable as a class E felony.

JUSTIFICATION: Presently, the US House of Representatives and United
States Senate are considering legislation prohibiting the use, for
commercial purposes, of the name, image, or likeness of a current,
former, or deceased member of the armed forces.

Louisiana and Oklahoma have also enacted similar legislation.

This legislation had been made necessary because of numerous incidents
where the names of soldiers killed in the Iraq/Afghanistan War have
been used, without permission, for commercial purposes (such as on
t-shirts and other memorabilia which carry a political message)

As most would expect, military personnel and their families have been
outraged and demanded that immediate action be taken by the government
they fought to protect.

This bill would prohibit those engaged in a commercial enterprise from
using the image, name, or likeness of a current, former, or deceased
member of the military without the permission of that person or his
family if the person is deceased. In so doing, it will prevent the
exploitation of these brave men and women who have given so much for
our country.

LEGISLATIVE HISTORY: 2011-2012 - S.5337/A.8037 2007-S.39-C (similar)
Reported to Senate 3rd reading calendar.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: Immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3036

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security and Military Affairs

AN  ACT  to  amend  the military law, the civil rights law and the penal
  law, in relation to unauthorized use of names and images of members of
  the armed forces or organized militia of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The military law is amended by adding a new section 267 to
read as follows:
  S 267. RIGHT OF PRIVACY OF  MILITARY  PERSONNEL.  A  PERSON,  FIRM  OR
CORPORATION  THAT  USES FOR ADVERTISING PURPOSES, OR FOR THE PURPOSES OF
TRADE, THE NAME, PORTRAIT OR PICTURE OF ANY MEMBER OF THE  ARMED  FORCES
OR  ORGANIZED  MILITIA  OF  NEW YORK, LIVING OR DECEASED, WITHOUT HAVING
FIRST OBTAINED THE WRITTEN CONSENT OF  SUCH  PERSON  IF  LIVING,  OR  IF
DECEASED  OF  HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS GUILTY OF A CLASS E FELONY.
  S 2. Section 50 of the civil rights law is amended to read as follows:
  S 50. Right of privacy. 1. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the  name,  portrait
or  picture of any living person without having first obtained the writ-
ten consent of such person, or if a minor of his or her parent or guard-
ian, is guilty of a CLASS A misdemeanor.
  2. A PERSON, FIRM OR CORPORATION THAT USES FOR  ADVERTISING  PURPOSES,
OR  FOR  THE  PURPOSES  OF  TRADE,  THE NAME, PORTRAIT OR PICTURE OF ANY
MEMBER OF THE ARMED FORCES OR ORGANIZED MILITIA OF NEW YORK,  LIVING  OR
DECEASED,  WITHOUT  HAVING  FIRST  OBTAINED  THE WRITTEN CONSENT OF SUCH
PERSON IF LIVING, OR IF DECEASED  OF  HIS  OR  HER  SURVIVING  RELATIVES
INCLUDING  ANY  SPOUSE, CHILDREN, PARENTS, GRANDPARENTS AND SIBLINGS, IS
GUILTY OF A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07806-01-3

S. 3036                             2

  S 3. The penal law is amended by adding two new  sections  250.70  and
250.75 to read as follows:
S 250.70 INVASION OF PRIVACY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE SECOND DEGREE WHEN HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY LIVING PERSON, WITHOUT HAVING FIRST OBTAINED THE  WRITTEN
CONSENT  OF SUCH PERSON, OR THE NAME, PORTRAIT OR PICTURE IS OF A MINOR,
WITHOUT HAVING FIRST OBTAINED PERMISSION OF HIS OR HER PARENT OR GUARDI-
AN.
  INVASION OF PRIVACY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 250.75 INVASION OF PRIVACY IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF INVASION OF PRIVACY IN THE FIRST DEGREE WHEN  HE
OR  SHE  USES  FOR  ADVERTISING OR TRADE PURPOSES, THE NAME, PORTRAIT OR
PICTURE OF ANY MEMBER OF THE ARMED FORCES OR ORGANIZED  MILITIA  OF  NEW
YORK,  WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
OR IF THE NAME, PORTRAIT OR PICTURE IS OF A DECEASED MEMBER OF THE ARMED
FORCES OR ORGANIZED MILITIA OF NEW YORK, WITHOUT HAVING  FIRST  OBTAINED
PERMISSION OF HIS OR HER SURVIVING RELATIVES INCLUDING ANY SPOUSE, CHIL-
DREN, PARENTS, GRANDPARENTS AND SIBLINGS.
  INVASION OF PRIVACY IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
section or part of this article shall be adjudged by a court  of  compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part of
this article directly involved in the controversy in which such judgment
shall have been rendered.
  S 5. This act shall take effect immediately.

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