senate Bill S409

2017-2018 Legislative Session

Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 referred to codes
delivered to assembly
passed senate
Feb 27, 2018 advanced to third reading
Feb 13, 2018 2nd report cal.
Feb 12, 2018 1st report cal.465
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 20, 2017 referred to codes
delivered to assembly
passed senate
May 15, 2017 advanced to third reading
May 10, 2017 2nd report cal.
May 09, 2017 1st report cal.911
Jan 04, 2017 referred to codes

Votes

view votes

Feb 12, 2018 - Codes committee Vote

S409
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 12, 2018

aye wr (1)
excused (1)

May 9, 2017 - Codes committee Vote

S409
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 9, 2017

aye wr (2)

S409 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.40, Pen L
Versions Introduced in 2015-2016 Legislative Session:
S8202

S409 - Summary

Relates to making it unlawful for a caretaker to post a vulnerable elderly person on social media without their consent.

S409 - Sponsor Memo

S409 - Bill Text download pdf


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

                                   409

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  ROBACH -- 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 elder abuse through social
  media

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

  Section  1. The penal law is amended by adding a new section 260.40 to
read as follows:
§ 260.40 UNLAWFUL POSTING OF  A  VULNERABLE  ELDERLY  PERSON  ON  SOCIAL
           MEDIA.
  A  PERSON IS GUILTY OF UNLAWFUL POSTING OF A VULNERABLE ELDERLY PERSON
ON SOCIAL MEDIA WHEN, BEING A CAREGIVER WHILE PERFORMING THEIR  DUTY  OF
CARE  FOR A VULNERABLE ELDERLY PERSON, HE OR SHE POSTS AN IMAGE OR VIDEO
OF SUCH PERSON ON SOCIAL MEDIA INCLUDING, BUT NOT LIMITED  TO  FACEBOOK,
YOUTUBE,  TWITTER, INSTAGRAM, SNAPCHAT, TUMBLR, FLICKR AND VINE, WITHOUT
SUCH PERSON'S CONSENT.
  1. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION:
  (A) "FORCIBLE COMPULSION" MEANS TO COMPEL BY EITHER:
  (I) USE OF PHYSICAL FORCE; OR
  (II) A THREAT, EXPRESS OR IMPLIED, WHICH PLACES A PERSON  IN  FEAR  OF
IMMEDIATE  DEATH  OR  PHYSICAL  INJURY  TO  HIMSELF,  HERSELF OR ANOTHER
PERSON, OR IN FEAR THAT HE, SHE OR ANOTHER PERSON  WILL  IMMEDIATELY  BE
KIDNAPPED.
  (B)  "PHYSICAL HELPLESSNESS" MEANS THAT A PERSON IS UNCONSCIOUS OR FOR
ANY OTHER REASON IS PHYSICALLY UNABLE TO COMMUNICATE UNWILLINGNESS TO AN
ACT.
  (C) "MENTAL INCAPACITY" MEANS AN INDIVIDUAL DOES  NOT  COMPREHEND  THE
NATURE AND CONSEQUENCES OF WHAT HE OR SHE CONSENTS TO.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03048-01-7

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