senate Bill S3677A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 28, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.469
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 20, 2013 referred to codes
delivered to assembly
passed senate
Jun 17, 2013 amended on third reading 3677a
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1154
Feb 11, 2013 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S3677A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 5, 2013 - Codes committee Vote

S3677
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3677 - Bill Details

See Assembly Version of this Bill:
A124A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3958B, A6376B

S3677 - Bill Texts

view summary

Creates the crime of dissemination of an image of a crime victim; 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.

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

                                  3677

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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.
  (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 AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
  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.
                                                           LBD00818-01-3

Co-Sponsors

S3677A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A124A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §250.70, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3958B, A6376B

S3677A (ACTIVE) - Bill Texts

view summary

Creates the crime of dissemination of an image of a crime victim; 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.

view sponsor memo
BILL NUMBER:S3677A

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting the dissemination of an image of a crime victim by public
servants

PURPOSE OR GENERAL IDEA OF BILL: "Caroline's Law" would make it a
class A misdemeanor for a public servant or anyone acting as a public
servant -- to intentionally broadcast or publish an image of a crime
victim outside of their official duties.

SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new section
250.70 to the penal law to make it a class A misdemeanor - punishable
by up to one year imprisonment and a fine - for a public servant or
anyone acting as a public servant to intentionally broadcast or
publish an image of a crime victim outside of their official duties.
This would not apply to images or motion pictures taken for an
official training purpose.

JUSTIFICATION: In March 2009, a 26 year-old woman named Caroline
Wimmer was brutally murdered in her West Brighton, Staten Island
apartment. Caroline was a charming and fun-loving young woman, popular
amongst her friends and beloved by her family. Emergency personnel
arrived on the scene shortly after Caroline's horrified mother found
her on the floor of her bathroom. Inexplicably and shockingly, one of
the EMTs on the scene - Mark Musarella took a picture of Caroline and
later posted it on his Facebook page.

Despite the egregiousness of this act, Musarella could only be charged
with the simple misdemeanor of official conduct; he would later plea
down to a reduced charge of disorderly conduct, a mere violation no
more serious than trespassing or possession of a small amount of
marijuana. He also received only 200 hours of community service and no
jail time.

New York State law must be updated to address situations like this; it
is clear from the outcome of Mark Musarella's prosecution that current
law is inadequate in this area. This bill would bring the relevant
Penal Law section into the modern age and ensure that any public
official who commits a ghastly, insensitive and appalling act such as
this will face a serious criminal charge and potential jail time. It
will further help deter such actions and try to ensure that no family
will have to experience the double horror that the Winners did.
Further, this law would strongly promote the training of public
servants to encourage proper and respectful treatment of crime victim
images and discourage egregious acts like this.

PRIOR LEGISLATIVE HISTORY: 2012 - Died in the Codes Committee in both
Houses. 2011 - Died in the Codes Committee in both Houses.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This shall take effect on the one hundred eightieth
day after becoming law.


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

                                 3677--A
    Cal. No. 1154

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sens.  SAVINO, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  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  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) INTENTIONALLY BROADCASTS OR PUBLISHES
SUCH IMAGES OR MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT  OF  THE
PUBLIC  SERVANT'S  OFFICIAL DUTIES; EXCEPT, THAT NOTHING HEREIN SHALL BE
CONSTRUED TO IMPAIR OR DIMINISH THE RIGHT TO USE SUCH IMAGES  OR  MOTION
PICTURES FOR OFFICIAL TRAINING PURPOSES.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00818-02-3

S. 3677--A                          2

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 AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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