NY State Senate Bill 2011-S2190

Senate Bill S2190

2011-2012 Legislative Session

Establishes the class E violent felony offense of unlawful violent recording for knowingly recording the commission or attempt of a violent felony offense

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 18, 2011	referred to codes

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2011-S2190 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§105.10, 70.02 & 70.25, add §245.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2111
2013-2014: S3840

2011-S2190 (ACTIVE) - Summary

Establishes the class E violent felony offense of unlawful violent recording for knowingly recording the commission of or attempt to commit an assault in the third degree or a violent felony offense; includes within the class E felony offense of conspiracy in the fourth degree, the commission of a crime involving physical injury to another person, knowing that the commission of such crime is being viewed, recorded or broadcast by means of an imaging device; designates such conspiracy offense as a violent felony offense.

2011-S2190 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2190

TITLE OF BILL:

An act
to amend the penal law, in relation to establishing the offense of
unlawful violent recording,
and including in the offense of conspiracy in the fourth degree, the
commission of a crime involving physical injury while knowing an image
thereof is being viewed, broadcast or recorded

PURPOSE:

To provide an enhanced penalty for those who commit violent crime for
the purpose of making a video recording of such crime.

SUMMARY OF PROVISIONS:

Establishes the crime of unlawful violent recording which occurs when
a person commits assault third degree or a violent felony offense
with the intent that a video recording of such crime be disseminated.

EXISTING LAW:

Current law penalizes commission of violent crimes but does not
properly penalize the planned commission of violence against others

for the purpose of recording the crime on video and disseminating the
video to the public.

JUSTIFICATION:

Recently there have been media reports of individuals committing a
violent crime and making a video recording of their commission of the
crime. There have also been reports of attacks against the homeless
being posted on video sharing sites. The apparent motive of the
perpetrators of these acts is to gain fame from the Internet posting.

The current penalty for the commission of the crimes in these
circumstances is not a sufficient deterrent to the acts of these
criminals who seek to gain notoriety through the suffering of
innocent victims. This bill will provide an enhanced penalty by
making such acts a class E violent felony and giving the sentencing
judge the discretion to make the sentence consecutive to any other
sentence imposed upon the defendant.

LEGISLATIVE HISTORY:

2007-2008: S.8207 - Referred to Codes, Passed Senate
2009-2010: S.2111 - Referred to Codes

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

First November after the bill becomes law.

2011-S2190 (ACTIVE) - Bill Text download pdf

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

                                  2190

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO, JOHNSON, LAVALLE, SALAND --
  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 establishing the offense
  of unlawful  violent  recording,  and  including  in  the  offense  of
  conspiracy  in  the fourth degree, the commission of a crime involving
  physical injury while knowing an image thereof is being viewed, broad-
  cast or recorded

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

  Section  1.  Subdivision  3  of  section  105.10  of the penal law, as
amended by chapter 489 of the laws of 2000, is amended and a new  subdi-
vision 4 is added to read as follows:
  3.  the  felony  of money laundering in the third degree as defined in
section 470.10 of this chapter, be performed, he or she agrees with  one
or  more  persons  to  engage  in  or  cause  the  performance  of  such
conduct[.]; OR
  4. A CRIME INVOLVING THE CAUSING OF PHYSICAL INJURY TO ANOTHER  PERSON
BE  PERFORMED, WHEN HE OR SHE KNOWS THAT AN IMAGING DEVICE IS BEING USED
TO VIEW, BROADCAST OR RECORD THE COMMISSION OF  SUCH  CRIME.    FOR  THE
PURPOSES  OF  THIS  SUBDIVISION,  "IMAGING DEVICE" MEANS ANY MECHANICAL,
DIGITAL OR ELECTRONIC VIEWING DEVICE,  CAMERA,  CELLULAR  PHONE  OR  ANY
OTHER  INSTRUMENT  CAPABLE  OF RECORDING, STORING OR TRANSMITTING VISUAL
IMAGES THAT CAN BE UTILIZED TO OBSERVE A PERSON.
  S 2. The penal law is amended by adding a new section 245.15  to  read
as follows:
S 245.15 UNLAWFUL VIOLENT RECORDING.
  1.  A  PERSON  IS GUILTY OF UNLAWFUL VIOLENT RECORDING WHEN, HE OR SHE
COMMITS OR ATTEMPTS TO COMMIT ASSAULT IN THE THIRD DEGREE AS DEFINED  IN
SECTION 120.00 OF THIS CHAPTER OR A VIOLENT FELONY OFFENSE AS DEFINED IN
SUBDIVISION  ONE OF SECTION 70.02 OF THIS CHAPTER, WHILE KNOWING THAT AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04239-01-1

S. 2190                             2

IMAGING DEVICE IS BEING USED TO VIEW, BROADCAST OR RECORD THE COMMISSION
OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
  2.  AS  USED  IN  THIS SECTION, "IMAGING DEVICE" MEANS ANY MECHANICAL,
DIGITAL OR ELECTRONIC VIEWING DEVICE,  CAMERA,  CELLULAR  PHONE  OR  ANY
OTHER  INSTRUMENT  CAPABLE  OF RECORDING, STORING OR TRANSMITTING VISUAL
IMAGES THAT CAN BE UTILIZED TO OBSERVE A PERSON.
  UNLAWFUL VIOLENT RECORDING IS A CLASS E FELONY.
  S 3. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
substance  in  the  second  degree  as  defined  in  section 240.61; AND
CONSPIRACY IN THE FOURTH  DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
SECTION  105.10  AND  UNLAWFUL  VIOLENT  RECORDING AS DEFINED IN SECTION
245.15 OF THIS CHAPTER.
  S 4. Subdivision 2 of section 70.25 of the penal law,  as  amended  by
chapter 56 of the laws of 1984, is amended to read as follows:
  2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the  other,  the  sentences,
except  if  one or more of such sentences is for a violation of SUBDIVI-
SION FOUR OF SECTION 105.10 OR section 245.15 OR 270.20 of this chapter,
must run concurrently.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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