Assembly Bill A7804

2015-2016 Legislative Session

Prohibits the recording of visual images of a person having a reasonable expectation of privacy while within a dwelling, when such images are recorded by another person outside the dwelling

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2015-A7804 (ACTIVE) - Details

See Senate Version of this Bill:
S5383
Current Committee:
Assembly Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50 & 51, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1648
2019-2020: S3083
2021-2022: S3987

2015-A7804 (ACTIVE) - Summary

Prohibits the recording of visual images of a person having a reasonable expectation of privacy while within a dwelling, when such images are recorded by another person outside the dwelling; makes such a violation a misdemeanor and establishes civil liability by private cause of action.

2015-A7804 (ACTIVE) - Bill Text download pdf 

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

                                  7804

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil rights law, in relation to capturing the visu-
  al  image of a person within a dwelling when such person has a reason-
  able expectation of privacy

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

  Section 1. The opening paragraph of section 50 of the civil rights law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. A PERSON WHO, WHILE LOCATED OUTSIDE A DWELLING,  KNOWINGLY  RECORDS
OR  CAPTURES  A  VISUAL  IMAGE  OF  ANOTHER PERSON WITHIN A DWELLING AND
HAVING A REASONABLE EXPECTATION OF PRIVACY THEREIN, SHALL BE GUILTY OF A
MISDEMEANOR. FOR THE PURPOSES OF THIS SUBDIVISION, "DWELLING" SHALL HAVE
THE SAME MEANING AS PROVIDED IN SUBDIVISION THREE OF SECTION  140.00  OF
THE PENAL LAW.
  S  2.  The  opening paragraph of section 51 of the civil rights law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  ANY PERSON WHOSE VISUAL IMAGE IS RECORDED OR CAPTURED IN VIOLATION
OF SUBDIVISION TWO OF SECTION FIFTY OF  THIS  ARTICLE  MAY  MAINTAIN  AN
EQUITABLE  ACTION  IN THE SUPREME COURT OF THIS STATE AGAINST ANY PERSON
RECORDING, CAPTURING OR DISSEMINATING SUCH VISUAL IMAGE, TO PREVENT  THE
VIEWING  OR  DISSEMINATION THEREOF; AND MAY ALSO SUE AND RECOVER DAMAGES
FOR ANY INJURIES SUSTAINED BY REASON OF SUCH  VIEWING  OR  DISSEMINATION
AND  IF  THE  DEFENDANT SHALL HAVE KNOWINGLY VIEWED OR DISSEMINATED SUCH
PERSON'S VISUAL IMAGE CAPTURED OR RECORDED IN VIOLATION  OF  SUBDIVISION
TWO  OF  SECTION FIFTY OF THIS ARTICLE, THE JURY, IN ITS DISCRETION, MAY
AWARD EXEMPLARY DAMAGES.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10500-01-5

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