Senate Bill S5029

2017-2018 Legislative Session

Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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2017-S5029 (ACTIVE) - Details

See Assembly Version of this Bill:
A838
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.10, CP L; amd §51, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7304, A8731
2015-2016: S4537, A626
2019-2020: S1998, A323

2017-S5029 (ACTIVE) - Summary

Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available.

2017-S5029 (ACTIVE) - Sponsor Memo

2017-S5029 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5029
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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