|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|Jan 09, 2017||referred to codes|
assembly Bill A838
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Luis R. Sepúlveda
Walter T. Mosley
Andrew R. Garbarino
A838 (ACTIVE) - Details
A838 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 838 2017-2018 Regular Sessions I N A S S E M B L Y January 9, 2017 ___________ Introduced by M. of A. BRAUNSTEIN, ABINANTI, GOTTFRIED, SEPULVEDA, MOSLEY, O'DONNELL, GOODELL, RAIA, McDONOUGH, SKARTADOS, BRABENEC -- Multi-Sponsored by -- M. of A. COOK, GARBARINO, LIFTON, RIVERA -- read once and referred 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. § 2. Section 51 of the civil rights law, as amended by chapter 674 of the laws of 1995, is amended to read as follows: § 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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