| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Aug 03, 2011 | signed chap.313 |
| Jul 22, 2011 | delivered to governor |
| Jun 23, 2011 | returned to assembly passed senate 3rd reading cal.1433 substituted for s4886b referred to rules delivered to senate passed assembly |
| Jun 22, 2011 | ordered to third reading rules cal.598 rules report cal.598 reported |
| Jun 21, 2011 | reported referred to rules |
| Jun 20, 2011 | print number 7811b |
| Jun 20, 2011 | amend and recommit to codes |
| Jun 06, 2011 | print number 7811a |
| Jun 06, 2011 | amend and recommit to codes |
| May 17, 2011 | referred to codes |
assembly Bill A7811B
Signed By Governor2011-2012 Legislative Session
Sponsored By
MORELLE
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
Bill Amendments
A7811 - Details
- See Senate Version of this Bill:
- S4886
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§275.00 & 60.27, Pen L
A7811 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7811
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to offenses relating to unau-
thorized recordings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 275.00 of the penal law, as added
by chapter 460 of the laws of 1990, is amended to read as follows:
6. "Recording" means an original phonograph record, disc, tape, audio
or video cassette, wire, film, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR
OTHER DATA STORAGE DEVICE or any other medium on WHICH such sounds,
images, or both sounds and images are or can be recorded or otherwise
stored, or a copy or reproduction that duplicates in whole or in part
the original.
S 2. The penal law is amended by adding a new section 275.50 to read
as follows:
S 275.50 RESTITUTION.
1. IN ADDITION TO ANY OTHER PENALTY PERMITTED BY LAW, IF A PERSON IS
CONVICTED OF AN OFFENSE UNDER THIS ARTICLE THROUGH WHICH HE OR SHE
DERIVED PECUNIARY VALUE OR BY WHICH HE OR SHE CAUSED PECUNIARY LOSS TO
ONE OR MORE VICTIMS, HE OR SHE SHALL BE SENTENCED TO PAY RESTITUTION TO
SUCH VICTIM OR VICTIMS NOT IN EXCESS OF:
(A) THE ACTUAL WHOLESALE VALUE OF THE RECORDINGS INVOLVED IN THE
OFFENSE;
(B) THE ESTIMATED WHOLESALE VALUE OF THE RECORDINGS INVOLVED IN THE
OFFENSE IF THE RECORDINGS HAD BEEN LEGALLY MANUFACTURED AND RECORDED; OR
(C) THE ACTUAL LOSS TO THE VICTIM.
2. FOR PURPOSES OF THIS SECTION, "VICTIM" SHALL INCLUDE AN OWNER OR
LAWFUL PRODUCER OF A MASTER RECORDING THAT HAS SUFFERED INJURY AS A
RESULT OF THE OFFENSE OR A TRADE ASSOCIATION THAT REPRESENTS AN OWNER OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10698-01-1
A7811A - Details
- See Senate Version of this Bill:
- S4886
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§275.00 & 60.27, Pen L
A7811A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7811--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to offenses relating to unau-
thorized recordings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 275.00 of the penal law, as added
by chapter 460 of the laws of 1990, is amended and a new subdivision 7
is added to read as follows:
6. "Recording" means an original phonograph record, disc, tape, audio
or video cassette, wire, film, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR
OTHER DATA STORAGE DEVICE or any other medium on WHICH such sounds,
images, or both sounds and images are or can be recorded or otherwise
stored, or a copy or reproduction that duplicates in whole or in part
the original.
7. "AGGREGATE WHOLESALE VALUE" MEANS THE AVERAGE WHOLESALE VALUE OF
LAWFULLY MANUFACTURED AND AUTHORIZED RECORDINGS CORRESPONDING TO THE
NUMBER OF NONCONFORMING RECORDINGS INVOLVED IN THE OFFENSE. PROOF OF THE
SPECIFIC WHOLESALE VALUE OF EACH NONCONFORMING RECORDING SHALL NOT BE
REQUIRED.
S 2. The penal law is amended by adding a new section 275.50 to read
as follows:
S 275.50 RESTITUTION.
IN ADDITION TO ANY OTHER PENALTY PERMITTED BY LAW, IF A PERSON IS
CONVICTED OF AN OFFENSE UNDER THIS ARTICLE THE COURT MAY ORDER THE
PERSON TO MAKE RESTITUTION TO ANY OWNER OR LAWFUL PRODUCER OF A MASTER
RECORDING THAT HAS SUFFERED INJURY AS A RESULT OF THE OFFENSE OR A TRADE
ASSOCIATION THAT REPRESENTS AN OWNER OR LAWFUL PRODUCER. AN ORDER OF
RESTITUTION MAY BE BASED ON THE AGGREGATE WHOLESALE VALUE OF LAWFULLY
MANUFACTURED AND AUTHORIZED RECORDINGS CORRESPONDING TO THE NUMBER OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10698-03-1
A7811B (ACTIVE) - Details
- See Senate Version of this Bill:
- S4886
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§275.00 & 60.27, Pen L
A7811B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7811--B
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to offenses relating to unau-
thorized recordings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 275.00 of the penal law, as added
by chapter 460 of the laws of 1990, is amended to read as follows:
6. "Recording" means an original phonograph record, disc, tape, audio
or video cassette, wire, film, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR
OTHER DATA STORAGE DEVICE or any other medium on WHICH such sounds,
images, or both sounds and images are or can be recorded or otherwise
stored, or a copy or reproduction that duplicates in whole or in part
the original.
S 2. Paragraph (b) of subdivision 4 of section 60.27 of the penal
law, as amended by section 41 of part A-1 of chapter 56 of the laws of
2010, is amended to read as follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good samaritan as defined in section six
hundred twenty-one of the executive law and the office of victim
services or other governmental agency that has received an application
for or has provided financial assistance or compensation to the victim.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10698-06-1