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Senate Bill S4978

2023-2024 Legislative Session

Relates to criminalizing the filming of the commission of a violent felony

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Archive: Last Bill Status - In Senate Committee Codes Committee

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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
2025-2026: S1972

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

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

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