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Senate Bill S4886B

Signed By Governor

2011-2012 Legislative Session

Relates to unauthorized recording offenses

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Archive: Last Bill Status Via A7811 - Signed by Governor

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Bill Amendments

2011-S4886 - Details

See Assembly Version of this Bill:
A7811
Law Section:
Penal Law
Laws Affected:
Amd §§275.00 & 60.27, Pen L

2011-S4886 - Summary

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

2011-S4886 - Sponsor Memo

2011-S4886 - Bill Text download pdf 

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

                                  4886

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 28, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 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
NONCONFORMING  RECORDINGS INVOLVED IN THE OFFENSE UNLESS A GREATER VALUE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10698-02-1

2011-S4886A - Details

See Assembly Version of this Bill:
A7811
Law Section:
Penal Law
Laws Affected:
Amd §§275.00 & 60.27, Pen L

2011-S4886A - Summary

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

2011-S4886A - Sponsor Memo

2011-S4886A - Bill Text download pdf 

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

                                 4886--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 28, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 and the executive law, in relation to
  offenses relating to unauthorized 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.
A VICTIM SHALL ALSO MEAN ANY  OWNER  OR  LAWFUL  PRODUCER  OF  A  MASTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10698-04-1

2011-S4886B (ACTIVE) - Details

See Assembly Version of this Bill:
A7811
Law Section:
Penal Law
Laws Affected:
Amd §§275.00 & 60.27, Pen L

2011-S4886B (ACTIVE) - Summary

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

2011-S4886B (ACTIVE) - Sponsor Memo

2011-S4886B (ACTIVE) - Bill Text download pdf 

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

                                 4886--B
    Cal. No. 1433

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 28, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 -- committee discharged and said bill committed to
  the Committee on Rules -- ordered to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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

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

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