senate Bill S5729

2017-2018 Legislative Session

Relates to criminalizing the filming of the commission of a violent felony

download bill text pdf

Sponsored By

Current Bill Status - In Senate Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2017 referred to codes

Co-Sponsors

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S5729 - Details

Law Section:
Penal Law
Laws Affected:
Add ยงยง235.25, 235.26 & 235.27, Pen L

S5729 - Summary

Criminalizes the video recording of the commission of a violent felony and the conspiracy to record such video.

S5729 - Sponsor Memo

S5729 - Bill Text download pdf

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

                                  5729

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 27, 2017
                               ___________

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

AN ACT to amend the penal law, in relation to criminalizing the  filming
  of a violent crime

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

  Section 1. Article 235 of the penal law is amended by adding three new
sections 235.25, 235.26 and 235.27 to read as follows:
S 235.25 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY;  DEFI-
           NITIONS OF TERMS.
  FOR  THE  PURPOSES  OF SECTIONS 235.26 AND 235.27, OF THIS ARTICLE THE
TERM "VIOLENT FELONY" MEANS ANY OFFENSE DESCRIBED IN  SECTION  70.02  OF
THIS CHAPTER.
S 235.26 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY.
  A PERSON IS GUILTY OF RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT
FELONY WHEN HE OR SHE:
  1. WILFULLY RECORDS A VIDEO OF THE COMMISSION OF A VIOLENT FELONY WITH
INTENT  TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE UNDERLYING VIOLENT
FELONY; OR
  2. CONSPIRES WITH ANOTHER TO RECORD A VIDEO OF  THE  COMMISSION  OF  A
VIOLENT FELONY WITH INTENT TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE
UNDERLYING VIOLENT FELONY.
  RECORDING  A  VIDEO OF THE COMMISSION OF A VIOLENT FELONY IS A CLASS E
FELONY.
S 235.27 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY;  LIMI-
           TATIONS.
  SUBMISSION OF THE VIDEO DESCRIBED IN SECTION 235.26 OF THIS ARTICLE BY
THE  PERSON  RECORDING THE VIDEO TO LAW ENFORCEMENT AT THE FIRST REASON-
ABLE OPPORTUNITY MAY BE CONSIDERED AS EVIDENCE THAT  THE  PERSON  LACKED
THE  INTENT  TO  PROMOTE  OR  ENCOURAGE THE COMMISSION OF THE UNDERLYING
VIOLENT FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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