senate Bill S870A

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

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Archive: Last Bill Status - 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 (13)
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 19, 2017 referred to judiciary
delivered to assembly
passed senate
Jun 13, 2017 amended on third reading 870a
Jun 05, 2017 ordered to third reading cal.1380
committee discharged and committed to rules
Jan 05, 2017 referred to codes

S870 - Details

See Assembly Version of this Bill:
A861
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: S3079, A9695
2015-2016: S2318, A4368, A7889

S870 - 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.

S870 - Sponsor Memo

S870 - Bill Text download pdf


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

                                   870

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

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

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

S870A (ACTIVE) - Details

See Assembly Version of this Bill:
A861
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: S3079, A9695
2015-2016: S2318, A4368, A7889

S870A (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.

S870A (ACTIVE) - Sponsor Memo

S870A (ACTIVE) - Bill Text download pdf


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

                                 870--A
    Cal. No. 1380

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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.

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