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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2014 referred to codes

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S7304 - Bill Details

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

S7304 - Bill Texts

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

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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
person or defendant, upon his request.

Section 2. Amends Section 51 of the Civil Rights Law to correct a
reference to Section 50 of the Civil Rights Law. This change is
non-substantive.

Section 3. Contains the effective date.

JUSTIFICATION:

In recent years, booking photographs, or "mug shots" as they are
commonly known, have become available on the Internet. The mug shots
are often released by police departments to local newspapers and other
media. Following the release of mug shots to the press, Internet
website owners and operators search local newspapers for mug shots to
post on their websites. These owners may also obtain the mug shots
from filing requests for public records. These websites are often the
first results when an individual is looked up on search engines.

It is important to note that mug shots are not proof of a conviction.
Many of the individuals whose mug shots are on the Internet were not
charged or have not been convicted. In 2012 in New York, 44% percent
of individuals arrested were not convicted. However, because of the
mug shots, they may be prevented from obtaining or keeping their jobs,
and there could be other negative consequences as a result. Mug shot
website owners have been taking advantage of these individuals by
charging exorbitant fees for the removal of these photographs from
their websites and this legislation would help to prevent such
extortion from taking place.


This legislation would prohibit mug shots from becoming publicly
available until conviction, with certain exceptions for criminal
justice functions and compliance with court orders. A valid law
enforcement purpose also includes use by defense attorneys, and allows
for publication by newspapers to aid in the arrest or apprehension of
wanted criminals. The mug shots are also available upon request to the
arrested person.

Persons who use any image for purposes of advertising or trade without
consent may, under existing law, be subject to civil suit.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

The sixtieth day after the section shall become law.

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                    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.
                                                           LBD13577-02-4

S. 7304                             2

ful by section fifty of this article, the jury, in its  discretion,  may
award  exemplary damages. But nothing contained in this article shall be
so construed as to prevent any person, firm or corporation from  selling
or  otherwise  transferring any material containing such name, portrait,
picture or voice in whatever medium to any user of such name,  portrait,
picture or voice, or to any third party for sale or transfer directly or
indirectly  to  such a user, for use in a manner lawful under this arti-
cle; nothing contained in this article  shall  be  so  construed  as  to
prevent  any  person,  firm or corporation, practicing the profession of
photography, from exhibiting in or about his or its establishment speci-
mens of the work of such establishment, unless the same is continued  by
such  person, firm or corporation after written notice objecting thereto
has been given by the person portrayed; and nothing  contained  in  this
article  shall  be so construed as to prevent any person, firm or corpo-
ration from using the name, portrait, picture or voice of  any  manufac-
turer  or  dealer  in  connection  with the goods, wares and merchandise
manufactured, produced or dealt in by him which he has sold or  disposed
of  with such name, portrait, picture or voice used in connection there-
with; or from using the name, portrait, picture or voice of any  author,
composer  or artist in connection with his literary, musical or artistic
productions which he has sold or disposed of with such  name,  portrait,
picture  or  voice  used in connection therewith.   Nothing contained in
this section shall be construed to prohibit the  copyright  owner  of  a
sound recording from disposing of, dealing in, licensing or selling that
sound  recording  to  any  party,  if  the right to dispose of, deal in,
license or sell such sound recording has been conferred by  contract  or
other  written  document  by  such  living  person or the holder of such
right. Nothing contained in the foregoing sentence shall  be  deemed  to
abrogate  or  otherwise limit any rights or remedies otherwise conferred
by federal law or state law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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