S3677-2013 Actions

• Feb 11, 2013: REFERRED TO CODES

S3677-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3677
 2013-2014 Regular Sessions
 I N  SENATE
 February 11, 2013
 
 Introduced  by  Sen.  SAVINO -- 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  prohibiting  the  dissem
 ination of an image of a crime victim by public servants
 

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

 

Section 1. This act shall be known and may  be  cited  as  "Caroline's
 Law".
 

S  2.  The penal law is amended by adding a new section 250.70 to read
 as follows:

 

S 250.70 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM.
 1. A PERSON IS GUILTY OF DISSEMINATION OF AN IMAGE OF A  CRIME  VICTIM
 WHERE  (A) THE PERSON IS A PUBLIC SERVANT OR IS PERFORMING THE DUTIES OF
 A PUBLIC SERVANT IN RESPONDING TO AN EMERGENCY CALL; (B)  WHILE  IN  THE
 COURSE  OF  HIS  OR HER OFFICIAL DUTIES, RECORDS A STILL IMAGE OR MOTION
 PICTURE OF A CRIME VICTIM; AND (C) BROADCASTS OR PUBLISHES  SUCH  IMAGES
 OR  MOTION PICTURES OUTSIDE OF THE COURSE OF CONDUCT OF THE PUBLIC SERV
 ANT'S OFFICIAL DUTIES.
 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
 ITED,  CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY OR
 OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
 DISSEMINATION OF AN IMAGE OF A CRIME VICTIM IS A CLASS A MISDEMEANOR.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00818-01-3

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