Senate Bill S870A

                                 BILL NUMBER:  S870A

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
establishing private right of action for unwarranted video imaging of
residential premises

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to establish a right of action for
damages from the unauthorized invasion of privacy by video
surveillance of an individual's recreational activities which occur in
their own backyard.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one adds a new section to create the right to sue for damages
for the unauthorized video imaging of a residential premise. A person
is guilty of this action if he or she intentionally uses or installs,
or permits to be, used, or installed, a video imaging system that
allows the unwarranted video imaging of an adjoining residential
property owner's backyard premise without the property owner's written
consent. "Backyard" is defined as the portion of the parcel on which
the residential parcel is located which extends beyond the rear
footprint of the residential dwelling to the rear and side boundary
lines of such parcel.

              

Section two provides the date that the act shall take effect.

 JUSTIFICATION :

In 2003, Stephanie's Law was signed into law. This bill seeks to close
a gap in that law. Stephanie's Law was named after Stephanie Fuller, a
woman who discovered that she was being secretly videotaped in her
bedroom by her landlord. This law sought to expand protections of
privacy to include incidents where voyeurs used new types of
technology.

Stephanie discovered that she was being videotaped by her landlord
when her boyfriend noticed strange wires coming out of the smoke alarm
in her bedroom. Because her landlord used a video camera that was not
filming Stephanie through her window, he could not be charged with
violating New York's "Peeping Tom" laws.

Under Stephanie's Law, unlawful Surveillance is now a Class E felony,
punishable by up to four years imprisonment for first time offenders,
and up to seven years for repeat offenders (N.Y. Crim. Pen. L. 250.5).

Several other states have also enacted their own versions of
Stephanie's Law, including: Washington, Tennessee, Wisconsin,
Virginia, California, and Illinois. All of these anti-voyeurism laws
focus their protection of privacy on the physical location where the
incident occurred rather than on the individual privacy invasion
committed.

Currently, New York contains no restrictions to control videotaping
which monitors a neighbor's back yard. Penal Law Sections 250.40 et
seq. only establishes criminal penalties for unlawful video
surveillance when the videotaping occurs in a setting with a
"reasonable expectation of privacy" (i.e. a bathroom or changing
room), or if a perpetrator had to trespass on property to videotape or
install a camera.

In at least one instance, a family has been subject to undue stress
and concern for their young children's safety when they were subject
to constant camera surveillance while swimming or sunbathing in their
own backyard by an adjoining neighbor who is a registered sex
offender. However, because New York State law provides no protection
from unwarranted and potentially dangerous video observation and
recording, there is little that can be done to prevent this unnerving
intrusion.

This legislation would help to ensure that the rights of adjoining
landowners are subordinate to the rights of individuals who wish to
enjoy backyard recreational activities with a certain expe.ctation of
privacy, without being subject to annoying or harassing behavior.
Owners who do not care about their neighbor's video imaging can
authorize such observation via written consent. No right of privacy is
afforded when the imaging is done by a law enforcement officer in the
course of their official duties.

 PRIOR LEGISLATIVE HISTORY :

2015,2016: S.2318/A.7889 Passed Senate
2013,2014: S.3079-A/A.9695 Passed Senate
2012: S.7111 Referred to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to acts occurring on or after such date.