S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2938

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to prohibiting the use of a
  video mobile telephone within the premises of a health  club  and  the
  dissemination of images so derived

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 250.40 of the  penal  law,
as  added  by  chapter  69  of the laws of 2003, is amended and four new
subdivisions 8, 9, 10 and 11 are added to read as follows:
  The following definitions shall  apply  to  sections  250.42,  250.45,
250.50, 250.55 and 250.60 of this article:
  8.  "MOBILE  TELEPHONE" MEANS THE DEVICE USED BY SUBSCRIBERS AND OTHER
USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
  9. "WIRELESS TELEPHONE SERVICE" MEANS TWO-WAY REAL TIME VOICE TELECOM-
MUNICATIONS SERVICE THAT IS INTERCONNECTED TO A  PUBLIC  SWITCHED  TELE-
PHONE  NETWORK  AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE, AS
SUCH TERM IS DEFINED BY 47 C.F.R. S20.3.
  10. "HEALTH CLUB" MEANS ANY PREMISES OFFERING INSTRUCTION, TRAINING OR
ASSISTANCE OR THE FACILITIES FOR THE PRESERVATION, MAINTENANCE,  ENCOUR-
AGEMENT  OR  DEVELOPMENT  OF  PHYSICAL  FITNESS OR WELL BEING. SUCH TERM
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO HEALTH SPAS,  SPORTS,  TENNIS,
RACQUET  BALL,  PLATFORM  TENNIS AND HEALTH CLUBS, FIGURE SALONS, HEALTH
STUDIOS, GYMNASIUMS, WEIGHT CONTROL STUDIOS, MARTIAL ARTS  AND  SELF-DE-
FENSE SCHOOLS OR ANY OTHER SIMILAR COURSE OF PHYSICAL TRAINING.
  11. "VIDEO MOBILE TELEPHONE" MEANS A MOBILE TELEPHONE EQUIPPED WITH AN
IMAGING DEVICE.
  S  2.  The penal law is amended by adding a new section 250.42 to read
as follows:
S 250.42 UNLAWFUL SURVEILLANCE USING A VIDEO MOBILE TELEPHONE WITHIN THE
           PREMISES OF A HEALTH CLUB.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00800-01-3
              

A. 2938                             2

  A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE USING A VIDEO MOBILE TELE-
PHONE WITHIN THE PREMISES OF A HEALTH CLUB WHEN HE OR SHE  ACTIVATES  OR
USES THE IMAGING DEVICE FUNCTION OR CAPACITY OF A VIDEO MOBILE TELEPHONE
WITHIN THE PREMISES OF A HEALTH CLUB.
  UNLAWFUL  SURVEILLANCE USING A VIDEO MOBILE TELEPHONE WITHIN THE PREM-
ISES OF A HEALTH CLUB IS A CLASS A MISDEMEANOR.
  S 3. Subdivision 3 of section 250.60 of the penal  law,  as  added  by
chapter  69  of  the laws of 2003, is amended and a new subdivision 4 is
added to read as follows:
  3. He or she  commits  the  crime  of  dissemination  of  an  unlawful
surveillance  image  in  the  second  degree  and  has  been  previously
convicted within the past ten years  of  dissemination  of  an  unlawful
surveillance image in the first or second degree[.]; OR
  4. HE OR SHE, WITH KNOWLEDGE OF THE UNLAWFUL CONDUCT BY WHICH AN IMAGE
OR  IMAGES  OF ANOTHER PERSON OR PERSONS WERE OBTAINED AND SUCH UNLAWFUL
CONDUCT WOULD SATISFY THE ESSENTIAL ELEMENTS OF THE  CRIME  OF  UNLAWFUL
SURVEILLANCE  USING  A  VIDEO  MOBILE TELEPHONE WITHIN THE PREMISES OF A
HEALTH CLUB, INTENTIONALLY DISSEMINATES SUCH IMAGE OR IMAGES.
  S 4. The penal law is amended by adding a new section 60.14 to read as
follows:
S 60.14 AUTHORIZED DISPOSITIONS; UNLAWFUL  SURVEILLANCE  USING  A  VIDEO
           MOBILE TELEPHONE WITHIN THE PREMISES OF A HEALTH CLUB.
  WHEN  A  PERSON  IS  TO  BE  SENTENCED  UPON  A CONVICTION OF UNLAWFUL
SURVEILLANCE USING A VIDEO MOBILE TELEPHONE WITHIN  THE  PREMISES  OF  A
HEALTH CLUB, THE SENTENCE OF THE COURT SHALL BE AS FOLLOWS:
  (A)  A  PERIOD  OF  CONDITIONAL  DISCHARGE,  AS  PROVIDED  IN  ARTICLE
SIXTY-FIVE OF THIS TITLE; OR
  (B) UNCONDITIONAL DISCHARGE AS  PROVIDED  IN  SECTION  65.20  OF  THIS
TITLE; OR
  (C) A FINE, AS PROVIDED IN ARTICLE EIGHTY OF THIS TITLE.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.