S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    323
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced   by  M.  of  A.  BRAUNSTEIN,  ABINANTI,  GOTTFRIED,  MOSLEY,
   O'DONNELL, GOODELL, RAIA, McDONOUGH, BRABENEC -- Multi-Sponsored by --
   M. of A. COOK, GARBARINO, LIFTON, RIVERA -- read once and referred  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02679-01-9

 A. 323                              2
 
 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
 recover  damages for any injuries sustained by reason of such use and if
 the defendant shall have knowingly used such  person's  name,  portrait,
 picture or voice in such manner as is forbidden or declared to be unlaw-
 ful  by  section fifty of this article, the jury, in its discretion, may
 award exemplary damages. But nothing contained in this article shall  be
 so  construed as to prevent any person, firm or corporation from selling
 or otherwise transferring any material containing such  name,  portrait,
 picture  or voice in whatever medium to any user of such name, portrait,
 picture or voice, or to any third party for sale or transfer directly or
 indirectly to such a user, for use in a manner lawful under  this  arti-
 cle;  nothing  contained  in  this  article  shall be so construed as to
 prevent any person, firm or corporation, practicing  the  profession  of
 photography, from exhibiting in or about his or its establishment speci-
 mens  of the work of such establishment, unless the same is continued by
 such person, firm or corporation after written notice objecting  thereto
 has  been  given  by the person portrayed; and nothing contained in this
 article shall be so construed as to prevent any person, firm  or  corpo-
 ration  from  using the name, portrait, picture or voice of any manufac-
 turer or dealer in connection with  the  goods,  wares  and  merchandise
 manufactured,  produced or dealt in by him which he has sold or disposed
 of with such name, portrait, picture or voice used in connection  there-
 with;  or from using the name, portrait, picture or voice of any author,
 composer or artist in connection with his literary, musical or  artistic
 productions  which  he has sold or disposed of with such name, portrait,
 picture or voice used in connection therewith.    Nothing  contained  in
 this  section  shall  be  construed to prohibit the copyright owner of a
 sound recording from disposing of, dealing in, licensing or selling that
 sound recording to any party, if the  right  to  dispose  of,  deal  in,
 license  or  sell such sound recording has been conferred by contract or
 other written document by such living  person  or  the  holder  of  such
 right.  Nothing  contained  in the foregoing sentence shall be deemed to
 abrogate or otherwise limit any rights or remedies  otherwise  conferred
 by federal law or state law.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.