|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 09, 2014||referred to codes|
senate Bill S7304
Archive: Last Bill Status - In Senate Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7304 - Details
- See Assembly Version of this Bill:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §160.10, CP L; amd §51, Civ Rts L
S7304 - Sponsor Memo
BILL NUMBER:S7304 TITLE OF BILL: An act to amend the criminal procedure law and the civil rights law, in relation to when booking photographs shall be made available PURPOSE: To prevent booking photographs, also known as "mug shots," from being made available to the public, with certain exceptions. SUMMARY OF PROVISIONS: Section 1. Amends Subdivision 3 of Section 160.10 of the Criminal Procedure Law, which permits a booking photograph and palmprints to be taken of an arrested person or defendant. The amendment to this section requires that a photograph taken pursuant to this subdivision may not be made publicly available during the pendency of the charge or charges brought with respect to the arrest. However, there are three exceptions. The first exception is release to a person, agency or entity performing a criminal justice function, as defined in subdivision 10 of section 835 of the executive law; the second exception is release of the photograph pursuant to a court order directing the release of such photograph; and the third exception is release to the arrested
S7304 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7304 I N S E N A T E May 9, 2014 ___________ 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 criminal procedure law and the civil rights law, in relation to when booking photographs shall be made available THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 160.10 of the criminal procedure law, as amended by chapter 762 of the laws of 1971, is amended to read as follows: 3. Whenever fingerprints are required to be taken pursuant to subdivi- sion one or permitted to be taken pursuant to subdivision two, the photograph and palmprints of the arrested person or the defendant, as the case may be, may also be taken. DURING THE PENDENCY OF THE CHARGE OR CHARGES BROUGHT WITH RESPECT TO SUCH ARREST, SUMMONS OR APPEARANCE TICKET, A PHOTOGRAPH TAKEN PURSUANT TO THIS SUBDIVISION MAY NOT BE MADE PUBLICLY AVAILABLE, BUT SHALL BE MADE AVAILABLE (A) TO A PERSON, AGENCY OR ENTITY PERFORMING A CRIMINAL JUSTICE FUNCTION, AS DEFINED IN SUBDIVI- SION TEN OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, UPON ITS REQUEST, FOR ANY SUCH FUNCTION, WHICH MAY WHEN APPROPRIATE INCLUDE PUBLIC RELEASE OF SUCH PHOTOGRAPH; (B) PURSUANT TO A COURT ORDER DIRECT- ING THE RELEASE OF SUCH PHOTOGRAPH; AND (C) TO THE ARRESTED PERSON OR DEFENDANT, UPON HIS OR HER REQUEST. S 2. Section 51 of the civil rights law, as amended by chapter 674 of the laws of 1995, is amended to read as follows: S 51. Action for injunction and for damages. Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as [above] provided IN SECTION FIFTY OF THIS ARTICLE may main- tain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture or voice in such manner as is forbidden or declared to be unlaw- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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