NY State Senate Bill 2015-S5225

Senate Bill S5225

2015-2016 Legislative Session

Establishes a cause of action for injunction and damages for unlawful surveillance; damages for injuries sustained by reason of unlawful surveillance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
May 08, 2015	referred to codes

2015-S5225 (ACTIVE) - Details

See Assembly Version of this Bill:: A3576
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §51, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1057
2019-2020: S3551

2015-S5225 (ACTIVE) - Summary

Establishes a cause of action to prevent and restrict unlawful surveillance; allows recovery of damages for injuries sustained by reason of unlawful surveillance; provides the jury may award exemplary damages.

2015-S5225 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5225

TITLE OF BILL:  An act to amend the civil rights law, in relation to
establishing a cause of action for injunction and damages for unlawful
surveillance

PURPOSE OF BILL:

To allow victims of unlawful surveillance, a crime under the penal
law, a civil cause of action to seek injunctive relief and damages
when their privacy is violated.

SUMMARY OF PROVISIONS:

Section one amends section 21 of the civil rights law, numbering the
existing provision as subsection 1 and creating a subsection 2 that
creates a civil cause of action to allow for injunctive relief and
damages when individuals act in a way that would violate the existing
criminal prohibition on unlawful surveillance.

Section two defines the effective date as the one hundred eightieth
day after it shall become a law.

JUSTIFICATION:

The crime of unlawful surveillance occurs when an individual

intentionally uses or installs an imaging device to surreptitiously
view, broadcast or record a person in an intimate situation when such
person has a reasonable expectation of privacy, without such person's
knowledge or consent Often, this surveillance captures individuals in
private spaces such as changing rooms, bathrooms, bedrooms, or hotel
rooms when they are unclothed or engaging in sexual activity.

In New York State, the vast majority of crimes that have victims have
a counterpart under civil law that allows victims to sue for damages.
Victims of assault, theft, and rape all have a civil recourse yet
victims of unlawful surveillance do not. This means that victims of
unlawful surveillance are not able to seek injunctive relief to
prevent the spread of the recorded images nor are they able to seek
damages when these images are exploited.

This bill would allow victims of unlawful surveillance to bring an
action in civil court for relief and/or damages. Victims would be able
to seek injunctive relief, such as a temporary restraining order, in
civil court to prevent the spread of the images. Obtaining an
emergency order in civil court can be done quickly, even while a
criminal case is pending, and is the best chance an individual may
have to stop or prevent the spread of the images. Additionally, the
ability to sue for damages allows victims to be made whole again in a
way not afforded by the criminal law,

LEGISLATIVE HISTORY:

Relates to Chapter 193 of 2014 (A 2053C/S.1982C of 2014).

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall become a law.

2015-S5225 (ACTIVE) - Bill Text download pdf

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

                                  5225

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 8, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law,  in  relation  to  establishing  a
  cause of action for injunction and damages for unlawful surveillance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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. 1. 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  may  maintain  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 knowing-
ly used such person's name, portrait, picture or voice in such manner as
is  forbidden  or declared to be unlawful by section fifty of this arti-
cle, the jury, in its discretion, may award exemplary damages. But noth-
ing 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 article; nothing contained in this
article  shall  be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in  or
about  his or its establishment specimens of the work of such establish-
ment, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07729-02-5

S. 5225                             2

as  to  prevent  any  person,  firm  or corporation from using the name,
portrait, picture or voice of any manufacturer 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 therewith; 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.
  2. (A) ANY PERSON WHO IS A  SUBJECT  OF  UNLAWFUL  SURVEILLANCE  BY  A
PERSON  MAY  MAINTAIN  AN  EQUITABLE ACTION IN THE SUPREME COURT OF THIS
STATE AGAINST THE PERSON RESPONSIBLE FOR THE  UNLAWFUL  SURVEILLANCE  TO
PREVENT  AND  RESTRAIN  SUCH  SURVEILLANCE  AND MAY ALSO SUE AND RECOVER
DAMAGES FOR ANY INJURIES SUSTAINED BY REASON OF  SUCH  SURVEILLANCE  AND
THE JURY, IN ITS DISCRETION, MAY AWARD EXEMPLARY DAMAGES.
  (B)  A  PERSON  IS  A  SUBJECT  OF  UNLAWFUL SURVEILLANCE WHEN ANOTHER
PERSON:
  (1) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S AMUSEMENT, ENTER-
TAINMENT, OR PROFIT, OR FOR  THE  PURPOSE  OF  DEGRADING  OR  ABUSING  A
PERSON, THE PERSON INTENTIONALLY USES OR INSTALLS, OR PERMITS THE UTILI-
ZATION  OR  INSTALLATION  OF  AN IMAGING DEVICE TO SURREPTITIOUSLY VIEW,
BROADCAST OR RECORD A PERSON DRESSING OR UNDRESSING  OR  THE  SEXUAL  OR
OTHER INTIMATE PARTS OF SUCH PERSON AT A PLACE AND TIME WHEN SUCH PERSON
HAS A REASONABLE EXPECTATION OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE
OR CONSENT; OR
  (2) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S SEXUAL AROUSAL OR
SEXUAL  GRATIFICATION,  THE  PERSON  INTENTIONALLY  USES OF INSTALLS, OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN IMAGING DEVICE TO  SURREP-
TITIOUSLY  VIEW,  BROADCAST OR RECORD A PERSON DRESSING OR UNDRESSING OR
THE SEXUAL OR OTHER INTIMATE PARTS OF SUCH PERSON AT A  PLACE  AND  TIME
WHEN  SUCH  PERSON HAS A REASONABLE EXPECTATION OF PRIVACY, WITHOUT SUCH
PERSON'S KNOWLEDGE OR CONSENT; OR
  (3) (I) FOR NO LEGITIMATE PURPOSE,  A  PERSON  INTENTIONALLY  USES  OR
INSTALLS,  OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION OF AN IMAGING
DEVICE TO SURREPTITIOUSLY VIEW,  BROADCAST  OR  RECORD  A  PERSON  IN  A
BEDROOM,  CHANGING ROOM, FITTING ROOM, RESTROOM, TOILET, BATHROOM, WASH-
ROOM, SHOWER TO ANY ROOM ASSIGNED TO GUESTS OR PATRONS IN A MOTEL, HOTEL
OR INN, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
  (II) FOR PURPOSES OF THIS SUBDIVISION, WHEN A PERSON USES OR INSTALLS,
OR PERMITS THE UTILIZATION OR INSTALLATION OF AN  IMAGING  DEVICE  IN  A
BEDROOM,  CHANGING ROOM, FITTING ROOM, RESTROOM, TOILET, BATHROOM, WASH-
ROOM, SHOWER OR ANY ROOM ASSIGNED TO GUESTS OR PATRONS IN A HOTEL, MOTEL
OR INN, THERE IS A REBUTTABLE PRESUMPTION THAT SUCH PERSON DID SO FOR NO
LEGITIMATE PURPOSE; OR
  (4) WITHOUT THE KNOWLEDGE OR CONSENT OF  A  PERSON,  A  PERSON  INTEN-
TIONALLY USES OR INSTALLS, OR PERMITS THE UTILIZATION OR INSTALLATION OF
AN  IMAGING  DEVICE  TO SURREPTITIOUSLY VIEW, BROADCAST OR RECORD, UNDER
THE CLOTHING BEING WORN BY SUCH PERSON, THE  SEXUAL  OR  OTHER  INTIMATE
PARTS OF SUCH PERSON; OR

S. 5225                             3

  (5) FOR SUCH OTHER PERSON'S OWN, OR ANOTHER PERSON'S AMUSEMENT, ENTER-
TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
DEGRADING OR ABUSING A PERSON, THE PERSON INTENTIONALLY USES OR INSTALLS
OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION  OF AN IMAGING DEVICE TO
SURREPTITIOUSLY  VIEW,  BROADCAST,  OR RECORD ANOTHER PERSON IN AN IDEN-
TIFIABLE MANNER ENGAGING IN SEXUAL CONDUCT, IN THE SAME IMAGE  WITH  THE
SEXUAL  OR  INTIMATE  PART OF ANY OTHER PERSON, AT A PLACE AND TIME WHEN
SUCH PERSON HAS A REASONABLE EXPECTATION OF PRIVACY,  AND  WITHOUT  SUCH
PERSON'S KNOWLEDGE OR CONSENT.
  (6)  FOR  PURPOSES  OF  THIS SUBDIVISION "PERSON" SHALL MEAN A PERSON,
FIRM OR CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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