Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 GovernorSponsored 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