Assembly Bill A4833

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4833
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the civil rights law, in relation to the privacy rights
   of crime victims
 
   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
 50-f to read as follows:
   § 50-F. RIGHT OF PRIVACY;  DISSEMINATION  OF  THE  IMAGE  OF  A  CRIME
 VICTIM.  1.  THE  IMAGE OF A CRIME VICTIM, WITHIN THE MEANING OF SECTION
 SIX HUNDRED FORTY-ONE OF THE EXECUTIVE LAW, SHALL BE DEEMED CONFIDENTIAL
 TO THE EXTENT PROVIDED IN THIS SECTION. NO PERSON WHO IS A PUBLIC  SERV-
 ANT,  OR  WHO IS PERFORMING THE OFFICIAL DUTIES OF A PUBLIC SERVANT, WHO
 IN THE COURSE OF HIS OR HER OFFICIAL DUTIES RECORDS A  STILL  OR  MOTION
 PICTURE  IMAGE  OF  A  CRIME  VICTIM,  SHALL  INTENTIONALLY BROADCAST OR
 PUBLISH SUCH IMAGE OF SUCH CRIME VICTIM OUTSIDE OF THE COURSE OF CONDUCT
 OF HIS OR HER OFFICIAL DUTIES,  EXCEPT  THAT  NOTHING  HEREIN  SHALL  BE
 CONSTRUED  TO  IMPAIR  OR  DIMINISH  THE  AUTHORITY TO USE SUCH STILL OR
 MOTION PICTURE IMAGE  FOR  AN  AUTHORIZED  OFFICIAL  PURPOSE,  INCLUDING
 AUTHORIZED  TRAINING, NOR THE OBLIGATION TO DISCLOSE SUCH IMAGE PURSUANT
 TO A COURT ORDER OR AS MAY OTHERWISE BE REQUIRED BY LAW.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "BROADCAST" MEANS ELECTRONICALLY TRANSMITTING A VISUAL IMAGE  WITH
 THE INTENT THAT IT BE VIEWED BY A PERSON.
   (B)  "DISSEMINATE"  MEANS TO GIVE, PROVIDE, LEND, DELIVER, MAIL, SEND,
 FORWARD, TRANSFER OR TRANSMIT, ELECTRONICALLY OR  OTHERWISE  TO  ANOTHER
 PERSON.
   (C) "PUBLISH" MEANS TO (I) POST, PRESENT, DISPLAY, EXHIBIT, CIRCULATE,
 ADVERTISE OR ALLOW ACCESS, ELECTRONICALLY OR OTHERWISE, SO AS TO MAKE AN
 IMAGE  OR  IMAGES  AVAILABLE TO THE PUBLIC; OR (II) DISSEMINATE WITH THE
 INTENT THAT AN IMAGE OR IMAGES BE POSTED, PRESENTED,  DISPLAYED,  EXHIB-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00247-01-9

 A. 4833                             2
 
 ITED,  CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY OR
 OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
    3.  IF  AN  IMAGE OF A CRIME VICTIM, AS DEFINED IN SUBDIVISION ONE OF
 THIS SECTION, IS BROADCAST OR PUBLISHED IN VIOLATION  OF  SUCH  SUBDIVI-
 SION,  ANY PERSON INJURED BY SUCH BROADCAST OR PUBLICATION, MAY BRING AN
 ACTION TO RECOVER ACTUAL AND/OR EXEMPLARY DAMAGES SUFFERED BY REASON  OF
 SUCH WRONGFUL BROADCAST OR PUBLICATION. IN ANY ACTION BROUGHT UNDER THIS
 SECTION,  THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING
 PLAINTIFF.
   4. ANY PERSON WHO, UPON APPLICATION TO  A  COURT  HAVING  JURISDICTION
 OVER  SAID ACTION, DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT AN
 AUTHORIZED, OFFICIAL PURPOSE EXISTED FOR SUCH BROADCAST OR  PUBLICATION,
 SHALL HAVE A DEFENSE TO SUCH ACTION. SUCH APPLICATION SHALL BE MADE UPON
 NOTICE TO ALL PARTIES AS WELL AS THE CRIME VICTIM AND ANY PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF SUCH CRIME VICTIM.
   § 2. This act shall take effect immediately.