S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  7889
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                              May 29, 2015
                               ___________
Introduced by M. of A. BRAUNSTEIN, PALMESANO, MONTESANO -- read once and
  referred to the Committee on Judiciary
AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
  private right of action for unwarranted video imaging  of  residential
  premises
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The civil rights law is amended by  adding  a  new  section
52-a to read as follows:
  S 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
DENTIAL  PREMISES.  1.  ANY OWNER OR TENANT OF RESIDENTIAL REAL PROPERTY
SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON  WHO
INSTALLS  OR  AFFIXES  A VIDEO IMAGING DEVICE ON PROPERTY ADJOINING SUCH
RESIDENTIAL REAL PROPERTY FOR THE PURPOSE OF  VIDEO  TAPING  THE  RECRE-
ATIONAL  ACTIVITIES  WHICH OCCUR IN THE BACKYARD OF THE RESIDENTIAL REAL
PROPERTY WITHOUT THE  WRITTEN  CONSENT  THERETO  OF  SUCH  OWNER  AND/OR
TENANT.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ANY LAW
ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
  2. FOR THE PURPOSES  OF  THIS  SECTION,  "BACKYARD"  SHALL  MEAN  THAT
PORTION  OF  THE  PARCEL  ON  WHICH RESIDENTIAL REAL PROPERTY IS LOCATED
WHICH EXTENDS BEYOND THE REAR  FOOTPRINT  OF  THE  RESIDENTIAL  DWELLING
SITUATE  THEREON,  AND  TO  THE  SIDE AND REAR BOUNDARIES OF SUCH PARCEL
EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law, and shall apply to acts occurring on or after such
date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06038-01-5