S T A T E O F N E W Y O R K
________________________________________________________________________
9606
I N A S S E M B L Y
March 20, 2012
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to unlawfully
installing or maintaining a two-way mirror or other viewing device
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 2-a and 5 of section 395-b of the general
business law, subdivision 2 as added by chapter 88 of the laws of 1982,
subdivision 2-a as added and subdivision 5 as amended by chapter 391 of
the laws of 1996, are amended to read as follows:
2. A person is guilty of unlawfully installing or maintaining a two-
way mirror or other viewing device when, being the owner or manager of
any premises, he knowingly permits or allows such a device to be
installed or maintained in or upon such premises, for the purpose of
surreptitiously observing the interior of any fitting room, CHANGING
ROOM, restroom, toilet, bathroom, washroom, shower, or any room assigned
to guests or patrons in a motel, hotel or inn.
2-a. A person is guilty of unlawfully installing or maintaining a
video recording device when, being the owner or manager of any premises,
he knowingly permits or allows such a device to be installed or main-
tained in or upon such premises, for purpose of surreptitiously record-
ing a visual image of the interior of any fitting room, CHANGING ROOM,
restroom, toilet, bathroom, washroom, shower, or any other room assigned
to guests or patrons in a motel, hotel or inn.
5. A violation of the provisions of this section shall constitute a
violation, and upon conviction thereof shall be punishable by a term of
imprisonment not to exceed fifteen days, or by a fine of not more than
three hundred dollars FOR EACH DAY SUCH TWO-WAY MIRROR OR OTHER RECORD-
ING DEVICE IS RECORDING OR TRANSMITTING, or by both such fine and impri-
sonment, except that a violation of subdivision two-a of this section
shall constitute a felony. In addition, a violation of the provisions
of this section shall be punishable by a civil penalty of not more than
three hundred dollars FOR EACH DAY SUCH TWO-WAY MIRROR OR OTHER RECORD-
ING DEVICE IS RECORDING OR TRANSMITTING recoverable in an action by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14834-01-2
A. 9606 2
attorney general in the name of the people of the state or by the corpo-
ration counsel for any city or by the appropriate attorney of any other
political subdivision as shall be designated by the governing body of
such political subdivision. Each unlawfully installed or maintained
mirror or viewing or recording device shall constitute a separate and
distinct violation.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.