Senate Bill S2111

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

                                  2111

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  DeFRANCISCO,  O. JOHNSON, LANZA,
  LARKIN, LAVALLE, MORAHAN, PADAVAN, ROBACH, SALAND, SEWARD,  SKELOS  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes

AN ACT to amend the penal law, in relation to establishing  the  offense
  of  unlawful  violent  recording,  and  including  in  the  offense of
  conspiracy in the fourth degree, the commission of a  crime  involving
  physical injury while knowing an image thereof is being viewed, broad-
  cast or recorded

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

  Section 1. Subdivision 3 of  section  105.10  of  the  penal  law,  as
amended  by chapter 489 of the laws of 2000, is amended and a new subdi-
vision 4 is added to read as follows:
  3. the felony of money laundering in the third degree  as  defined  in
section  470.10 of this chapter, be performed, he or she agrees with one
or  more  persons  to  engage  in  or  cause  the  performance  of  such
conduct[.]; OR
  4.  A CRIME INVOLVING THE CAUSING OF PHYSICAL INJURY TO ANOTHER PERSON
BE PERFORMED, WHEN HE OR SHE KNOWS THAT AN IMAGING DEVICE IS BEING  USED
TO  VIEW,  BROADCAST  OR  RECORD  THE COMMISSION OF SUCH CRIME.  FOR THE
PURPOSES OF THIS SUBDIVISION, "IMAGING  DEVICE"  MEANS  ANY  MECHANICAL,
DIGITAL  OR  ELECTRONIC  VIEWING  DEVICE,  CAMERA, CELLULAR PHONE OR ANY
OTHER INSTRUMENT CAPABLE OF RECORDING, STORING  OR  TRANSMITTING  VISUAL
IMAGES THAT CAN BE UTILIZED TO OBSERVE A PERSON.
  S  2.  The penal law is amended by adding a new section 245.15 to read
as follows:
S 245.15 UNLAWFUL VIOLENT RECORDING.
  1. A PERSON IS GUILTY OF UNLAWFUL VIOLENT RECORDING WHEN,  HE  OR  SHE
COMMITS  OR ATTEMPTS TO COMMIT ASSAULT IN THE THIRD DEGREE AS DEFINED IN
SECTION 120.00 OF THIS CHAPTER OR A VIOLENT FELONY OFFENSE AS DEFINED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08264-01-9
              

S. 2111                             2

SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER, WHILE KNOWING THAT  AN
IMAGING DEVICE IS BEING USED TO VIEW, BROADCAST OR RECORD THE COMMISSION
OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
  2.  AS  USED  IN  THIS SECTION, "IMAGING DEVICE" MEANS ANY MECHANICAL,
DIGITAL OR ELECTRONIC VIEWING DEVICE,  CAMERA,  CELLULAR  PHONE  OR  ANY
OTHER  INSTRUMENT  CAPABLE  OF RECORDING, STORING OR TRANSMITTING VISUAL
IMAGES THAT CAN BE UTILIZED TO OBSERVE A PERSON.
  UNLAWFUL VIOLENT RECORDING IS A CLASS E FELONY.
  S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
substance  in  the  second  degree  as  defined  in  section 240.61; AND
CONSPIRACY IN THE FOURTH  DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
SECTION  105.10  AND  UNLAWFUL  VIOLENT  RECORDING AS DEFINED IN SECTION
245.15 OF THIS CHAPTER.
  S 4. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
chapter 56 of the laws of 1984, is amended to read as follows:
  2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the  other,  the  sentences,
except  if  one or more of such sentences is for a violation of SUBDIVI-
SION FOUR OF SECTION 105.10 OR section 245.15 OR 270.20 of this chapter,
must run concurrently.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.