senate Bill S7304

2013-2014 Legislative Session

Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available

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Archive: Last Bill Status - In Committee


  • 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 09, 2014 referred to codes

Co-Sponsors

S7304 - Details

See Assembly Version of this Bill:
A8731
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.10, CP L; amd §51, Civ Rts L

S7304 - Summary

Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available.

S7304 - Sponsor Memo

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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