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.
              

                                                            LBD01696-01-7

 A. 838                              2
 
 person,  firm or corporation so using his OR HER 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-
 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.