assembly Bill A7811B

Signed By Governor
2011-2012 Legislative Session

Relates to unauthorized recording offenses; includes data storage devices in the definition of recording; provides for restitution to victims

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (18)
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

A7811 (ACTIVE) - Details

See Senate Version of this Bill:
S4886
Law Section:
Penal Law
Laws Affected:
Amd §§275.00 & 60.27, Pen L

A7811 (ACTIVE) - Summary

Relates to unauthorized recording offenses; includes data storage devices in the definition of recording; provides for restitution to victims.

A7811 (ACTIVE) - 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 (ACTIVE) - Details

See Senate Version of this Bill:
S4886
Law Section:
Penal Law
Laws Affected:
Amd §§275.00 & 60.27, Pen L

A7811A (ACTIVE) - Summary

Relates to unauthorized recording offenses; includes data storage devices in the definition of recording; provides for restitution to victims.

A7811A (ACTIVE) - 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) - Summary

Relates to unauthorized recording offenses; includes data storage devices in the definition of recording; provides for restitution to victims.

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

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