NY State Senate Bill 2023-S4978

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 17, 2023	referred to codes

co-Sponsors

2023-S4978 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§235.25, 235.26 & 235.27, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5729
2019-2020: S654
2021-2022: S6141

2023-S4978 (ACTIVE) - Summary

Criminalizes the video recording of the commission of a violent felony and the conspiracy to record such video.

2023-S4978 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4978

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminalizing the filming
of a violent crime

 
PURPOSE:

To make it a crime to film the commission of a violent felony with the
intent to promote or encourage the commission of the felony

 
SUMMARY OF PROVISIONS:

Section 1. Creates a new section 235.25 - creating the crime of record-
ing a video in the commission of a violent felony. A person is guilty of
this crime when the perpetrator of the underlying felony recording the
commission of the felony, or another individual conspires with the
perpetrator of the underlying felony to record a video with the intent
to encourage or promote the violent felony.

Section 2. Establishes effective date.

 
JUSTIFICATION:

With the rise in use of social media and mobile devices, so has the
propensity to record videos of violent crimes for temporary fame.  This
legislation targets criminal recording videos of themselves committing
violent felonies, or any individuals who may encourage them to promote
depraved acts through filming. An individual who helps the perpetrator
of a violent felony with prior knowledge of the attack is as equally
guilty as the perpetrator who films themselves.

This legislation would not punish bystanders or the media who report on
the incident.

This crime would incur an additional charge which the perpetrator or
co-conspirator of a violent felony. An individual found guilty of this
crime would be charged with a class E felony, with up to four years in
jail and a $5000 fine.

It is in the public interest to deter individuals from making videos of
violent crimes to post on social media. This morally depraved behavior
should not be rewarded through millions of video views.  Individuals who
film themselves committing violent felonies need to be held accountable
for their actions.

 
LEGISLATIVE HISTORY:

2022: S.6141 - Referred to Codes

2020: S.654 - Referred to Codes

2019: S.645 - Referred to Codes

2018: S.5729 - Referred to Codes

2017: S.5729 - Referred to Codes
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
First of November after it shall have become law.

2023-S4978 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4978
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sens. MURRAY, PALUMBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the  filming
   of a violent crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is  amended  by  adding  three  new  sections
 235.25, 235.26 and 235.27 to read as follows:
 § 235.25 RECORDING  A VIDEO OF THE COMMISSION OF A VIOLENT FELONY; DEFI-
            NITIONS OF TERMS.
   FOR THE PURPOSES OF SECTIONS 235.26 AND 235.27, OF  THIS  ARTICLE  THE
 TERM  "VIOLENT  FELONY"  MEANS ANY OFFENSE DESCRIBED IN SECTION 70.02 OF
 THIS CHAPTER.
 § 235.26 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY.
   A PERSON IS GUILTY OF RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT
 FELONY WHEN HE OR SHE:
   1. WILFULLY RECORDS A VIDEO OF THE COMMISSION OF A VIOLENT FELONY WITH
 INTENT TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE UNDERLYING  VIOLENT
 FELONY; OR
   2.  CONSPIRES  WITH  ANOTHER  TO RECORD A VIDEO OF THE COMMISSION OF A
 VIOLENT FELONY WITH INTENT TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE
 UNDERLYING VIOLENT FELONY.
   RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY IS A  CLASS  E
 FELONY.
 § 235.27 RECORDING  A VIDEO OF THE COMMISSION OF A VIOLENT FELONY; LIMI-
            TATIONS.
   SUBMISSION OF THE VIDEO DESCRIBED IN SECTION 235.26 OF THIS ARTICLE BY
 THE PERSON RECORDING THE VIDEO TO LAW ENFORCEMENT AT THE  FIRST  REASON-
 ABLE  OPPORTUNITY  MAY  BE CONSIDERED AS EVIDENCE THAT THE PERSON LACKED
 THE INTENT TO PROMOTE OR ENCOURAGE  THE  COMMISSION  OF  THE  UNDERLYING
 VIOLENT FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09303-01-3

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Senate Bill S4978

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S4978 (ACTIVE) - Details

2023-S4978 (ACTIVE) - Summary

2023-S4978 (ACTIVE) - Sponsor Memo

2023-S4978 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4978

Share this bill

Sponsored By

Dean Murray

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jacob Ashby

Patrick M. Gallivan

Anthony H. Palumbo

Alexis Weik

2023-S4978 (ACTIVE) - Details

2023-S4978 (ACTIVE) - Summary

2023-S4978 (ACTIVE) - Sponsor Memo

2023-S4978 (ACTIVE) - Bill Text download pdf

Comments