assembly Bill A861A

Signed By Governor
2017-2018 Legislative Session

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S870 - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 16, 2017 signed chap.169
Aug 09, 2017 delivered to governor
Jun 21, 2017 returned to senate
passed assembly
ordered to third reading rules cal.639
substituted for a861a
Jun 21, 2017 substituted by s870a
rules report cal.639
reported
Jun 20, 2017 reported referred to rules
Jun 19, 2017 reported referred to codes
Jun 09, 2017 print number 861a
Jun 09, 2017 amend and recommit to judiciary
Jan 09, 2017 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A861 - Details

See Senate Version of this Bill:
S870
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: A9695, S3079
2015-2016: A4368, A7889, S2318

A861 - Summary

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises.

A861 - Bill Text download pdf


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

                                   861

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  PALMESANO, MONTESANO, McDONALD,
  SCHIMMINGER, OAKS, TITONE, ABINANTI, McDONOUGH --  Multi-Sponsored  by
  -- M. of A. THIELE -- read once and referred to the Committee on Judi-
  ciary

AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
  private right of action for unwarranted video imaging  of  residential
  premises

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

  Section 1. The civil rights law is amended by  adding  a  new  section
52-a to read as follows:
  § 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
DENTIAL  PREMISES.  1.  ANY OWNER OR TENANT OF RESIDENTIAL REAL PROPERTY
SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON  WHO
INSTALLS  OR  AFFIXES  A VIDEO IMAGING DEVICE ON PROPERTY ADJOINING SUCH
RESIDENTIAL REAL PROPERTY FOR THE PURPOSE OF  VIDEO  TAPING  THE  RECRE-
ATIONAL  ACTIVITIES  WHICH OCCUR IN THE BACKYARD OF THE RESIDENTIAL REAL
PROPERTY WITHOUT THE  WRITTEN  CONSENT  THERETO  OF  SUCH  OWNER  AND/OR
TENANT.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ANY LAW
ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
  2. FOR THE PURPOSES  OF  THIS  SECTION,  "BACKYARD"  SHALL  MEAN  THAT
PORTION  OF  THE  PARCEL  ON  WHICH RESIDENTIAL REAL PROPERTY IS LOCATED
WHICH EXTENDS BEYOND THE REAR  FOOTPRINT  OF  THE  RESIDENTIAL  DWELLING
SITUATE  THEREON,  AND  TO  THE  SIDE AND REAR BOUNDARIES OF SUCH PARCEL
EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
  § 2. 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01758-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A861A (ACTIVE) - Details

See Senate Version of this Bill:
S870
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: A9695, S3079
2015-2016: A4368, A7889, S2318

A861A (ACTIVE) - Summary

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises.

A861A (ACTIVE) - Bill Text download pdf


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

                                 861--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of A. BRAUNSTEIN, PALMESANO, MONTESANO, SCHIMMINGER,
  OAKS, TITONE, ABINANTI, McDONOUGH -- Multi-Sponsored by --  M.  of  A.
  THIELE  --  read  once  and  referred to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
  private right of action for unwarranted video imaging  of  residential
  premises

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

  Section 1. The civil rights law is amended by  adding  a  new  section
52-a to read as follows:
  § 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
DENTIAL  PREMISES.  1.  ANY OWNER OR TENANT OF RESIDENTIAL REAL PROPERTY
SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON  WHO
INSTALLS  OR  AFFIXES  A VIDEO IMAGING DEVICE ON PROPERTY ADJOINING SUCH
RESIDENTIAL REAL PROPERTY FOR THE PURPOSE  OF  VIDEO  TAPING  OR  TAKING
MOVING  DIGITAL IMAGES OF THE RECREATIONAL ACTIVITIES WHICH OCCUR IN THE
BACKYARD OF THE RESIDENTIAL REAL PROPERTY WITHOUT  THE  WRITTEN  CONSENT
THERETO  OF  SUCH  OWNER  AND/OR  TENANT WITH INTENT TO HARASS, ANNOY OR
ALARM ANOTHER PERSON, OR WITH INTENT TO THREATEN THE PERSON OR  PROPERTY
OF  ANOTHER  PERSON.   THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY LAW ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED
DUTIES.
  2. FOR THE PURPOSES  OF  THIS  SECTION,  "BACKYARD"  SHALL  MEAN  THAT
PORTION  OF  THE  PARCEL  ON  WHICH RESIDENTIAL REAL PROPERTY IS LOCATED
WHICH EXTENDS BEYOND THE REAR  FOOTPRINT  OF  THE  RESIDENTIAL  DWELLING
SITUATED  THEREON,  AND  TO  THE SIDE AND REAR BOUNDARIES OF SUCH PARCEL
EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
  § 2. 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.

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