assembly Bill A323

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

A323 (ACTIVE) - Details

See Senate Version of this Bill:
S1998
Current Committee:
Assembly 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: A8731, S7304
2015-2016: A626, S4537
2017-2018: A838, S5029

A323 (ACTIVE) - Summary

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

A323 (ACTIVE) - Bill Text download pdf


                    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

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