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Codes: May 8, 2013

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Active List: May 22, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

Votes

Memo

BILL NUMBER:S2583

TITLE OF BILL: An act to amend the penal law, in relation to the unlawful dissemination of a security body scan

PURPOSE: This legislation will make it a misdemeanor to unlawfully disseminate security body scan images.

SUMMARY OF PROVISIONS:

Section One - amends the penal law by adding a new section 250.70 to define a person guilty of unlawful dissemination of a body scan, when or she, without the permission of the person of whom the scan was made, knowingly disseminates a body scan taken for legal security purposes, or any image or images derived from such scan to any person who has not been authorized to receive the scan pursuant to state or federal statues or regulates.

Section One - classifies unlawful dissemination of a security body scan a class A misdemeanor.

Section Two - Sets forth the active date of the first of November next succeeding the date on which it shall have become law.

JUSTIFICATION: While understanding the need to protect our passengers and airports, this legislation secures the privacy of men, women and children who travel through the airports in the State of New York. Unfortunately, there will be employees who abuse the system and people's trust that they will perform their jobs in a professional, ethical fashion.

This bill will provide the State of New York with the ability to criminally prosecute those employees who take advantage of their position of authority.

LEGISLATIVE HISTORY: 5/3/11 Referred to Codes 5/21/12 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This first of November next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

2583

2013-2014 Regular Sessions

IN SENATE

January 22, 2013
___________

Introduced  by  Sen.  BALL  --  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 the unlawful dissemination
  of a security body scan

  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 a new section 250.70 to
read as follows:
S 250.70 UNLAWFUL DISSEMINATION OF A SECURITY BODY SCAN.
  A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OF A BODY SCAN,  WHEN  HE
OR  SHE, WITHOUT THE PERMISSION OF THE PERSON OF WHOM THE SCAN WAS MADE,
KNOWINGLY DISSEMINATES A BODY SCAN TAKEN FOR LEGAL SECURITY PURPOSES, OR
ANY IMAGE OR IMAGES DERIVED FROM SUCH SCAN, TO ANY PERSON  WHO  HAS  NOT
BEEN  AUTHORIZED TO RECEIVE SUCH SCAN PURSUANT TO STATE OR FEDERAL STAT-
UTE OR REGULATION.
  UNLAWFUL DISSEMINATION OF A SECURITY BODY SCAN IS A CLASS A  MISDEMEA-
NOR.
  S 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.
                                                           LBD07311-01-3