senate Bill S3958B

2011-2012 Legislative Session

Prohibits the dissemination of an image of a crime victim by public servants

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2012 print number 3958b
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
Jun 10, 2011 print number 3958a
amend and recommit to codes
Mar 10, 2011 referred to codes

Co-Sponsors

view additional co-sponsors

S3958 - Details

See Assembly Version of this Bill:
A6376B
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L

S3958 - Summary

Creates the crime of dissemination of an image of a crime scene; makes a person guilty of such crime where the person is a public servant and, while in the course of the public servant's official duties, records a still image or motion picture of a crime victim and broadcasts or publishes such images or motion pictures outside of the course of conduct of the public servant's official duties; makes such crime a class A misdemeanor.

S3958 - Sponsor Memo

S3958 - Bill Text download pdf

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

                                  3958

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sens. SAVINO, CARLUCCI, KLEIN, VALESKY -- 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 prohibiting the dissem-
  ination of a crime scene by public servants

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

  Section  1.  This  act  shall be known and may be cited as "Caroline's
Law".
  S 2. The penal law is amended by adding a new section 250.70  to  read
as follows:
S 250.70 DISSEMINATION OF A CRIME SCENE.
  1.  A PERSON IS GUILTY OF DISSEMINATION OF A CRIME SCENE WHERE (A) THE
PERSON IS A PUBLIC SERVANT; (B) WHILE IN THE COURSE OF HIS OR HER  OFFI-
CIAL  DUTIES,  RECORDS A STILL IMAGE OR MOTION PICTURE OF A CRIME SCENE;
AND (C) BROADCASTS OR PUBLISHES SUCH IMAGES OR MOTION  PICTURES  OUTSIDE
OF THE COURSE OF CONDUCT OF THE PUBLIC SERVANT'S OFFICIAL DUTIES.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH
THE INTENT THAT IT BE VIEWED BY A PERSON.
  (B) "DISSEMINATE" MEANS TO GIVE, PROVIDE, LEND, DELIVER,  MAIL,  SEND,
FORWARD,  TRANSFER  OR  TRANSMIT, ELECTRONICALLY OR OTHERWISE TO ANOTHER
PERSON.
  (C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
IMAGE OR IMAGES AVAILABLE TO THE PUBLIC; OR (II)  DISSEMINATE  WITH  THE
INTENT  THAT  AN IMAGE OR IMAGES BE POSTED, PRESENTED, DISPLAYED, EXHIB-
ITED, CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY  OR
OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
  DISSEMINATION OF A CRIME SCENE IS A CLASS E FELONY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

Co-Sponsors

view additional co-sponsors

S3958A - Details

See Assembly Version of this Bill:
A6376B
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L

S3958A - Summary

Creates the crime of dissemination of an image of a crime scene; makes a person guilty of such crime where the person is a public servant and, while in the course of the public servant's official duties, records a still image or motion picture of a crime victim and broadcasts or publishes such images or motion pictures outside of the course of conduct of the public servant's official duties; makes such crime a class A misdemeanor.

S3958A - Sponsor Memo

S3958A - Bill Text download pdf

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

                                 3958--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced by Sens. SAVINO, ADAMS, CARLUCCI, ESPAILLAT, GOLDEN, JOHNSON,
  KLEIN,  LANZA,  LARKIN,  PERKINS,  VALESKY  --  read twice and ordered
  printed, and when printed to be committed to the Committee 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 prohibiting the dissem-
  ination of a crime scene by public servants

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

  Section  1.  This  act  shall be known and may be cited as "Caroline's
Law".
  S 2. The penal law is amended by adding a new section 250.70  to  read
as follows:
S 250.70 DISSEMINATION OF A CRIME SCENE.
  1.  A PERSON IS GUILTY OF DISSEMINATION OF A CRIME SCENE WHERE (A) THE
PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF A PUBLIC SERV-
ANT IN RESPONDING TO AN EMERGENCY CALL; (B) WHILE IN THE COURSE  OF  HIS
OR  HER  OFFICIAL  DUTIES,  RECORDS A STILL IMAGE OR MOTION PICTURE OF A
CRIME SCENE; AND (C) BROADCASTS  OR  PUBLISHES  SUCH  IMAGES  OR  MOTION
PICTURES  OUTSIDE OF THE COURSE OF CONDUCT OF THE PUBLIC SERVANT'S OFFI-
CIAL DUTIES.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE  WITH
THE INTENT THAT IT BE VIEWED BY A PERSON.
  (B)  "DISSEMINATE"  MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR  OTHERWISE  TO  ANOTHER
PERSON.
  (C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
IMAGE  OR  IMAGES  AVAILABLE TO THE PUBLIC; OR (II) DISSEMINATE WITH THE
INTENT THAT AN IMAGE OR IMAGES BE POSTED, PRESENTED,  DISPLAYED,  EXHIB-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08550-03-1

Co-Sponsors

view additional co-sponsors

S3958B (ACTIVE) - Details

See Assembly Version of this Bill:
A6376B
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L

S3958B (ACTIVE) - Summary

Creates the crime of dissemination of an image of a crime scene; makes a person guilty of such crime where the person is a public servant and, while in the course of the public servant's official duties, records a still image or motion picture of a crime victim and broadcasts or publishes such images or motion pictures outside of the course of conduct of the public servant's official duties; makes such crime a class A misdemeanor.

S3958B (ACTIVE) - Sponsor Memo

S3958B (ACTIVE) - Bill Text download pdf

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

                                 3958--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced by Sens. SAVINO, ADAMS, CARLUCCI, ESPAILLAT, GOLDEN, JOHNSON,
  KLEIN,  LANZA,  LARKIN,  PERKINS,  VALESKY  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Codes
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to  prohibiting  the  dissem-
  ination of an image of a crime victim by public servants

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

  Section 1. This act shall be known and may  be  cited  as  "Caroline's
Law".
  S  2.  The penal law is amended by adding a new section 250.70 to read
as follows:
S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM.
  1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A  CRIME  VICTIM
WHERE  (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF
A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B)  WHILE  IN  THE
COURSE  OF  HIS  OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION
PICTURE OF A CRIME VICTIM; AND (C) BROADCASTS OR PUBLISHES  SUCH  IMAGES
OR  MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT OF THE PUBLIC SERV-
ANT'S OFFICIAL DUTIES.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE  WITH
THE INTENT THAT IT BE VIEWED BY A PERSON.
  (B)  "DISSEMINATE"  MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR  OTHERWISE  TO  ANOTHER
PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08550-05-2

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