Senate Bill S5225

2015-2016 Legislative Session

Establishes a cause of action for injunction and damages for unlawful surveillance; damages for injuries sustained by reason of unlawful surveillance

download bill text pdf

Sponsored By

Archive: Last 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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2015-S5225 (ACTIVE) - Details

See Assembly Version of this Bill:
A3576
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §51, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1057
2019-2020: S3551

2015-S5225 (ACTIVE) - Summary

Establishes a cause of action to prevent and restrict unlawful surveillance; allows recovery of damages for injuries sustained by reason of unlawful surveillance; provides the jury may award exemplary damages.

2015-S5225 (ACTIVE) - Sponsor Memo

2015-S5225 (ACTIVE) - Bill Text download pdf

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

                                  5225

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 8, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law,  in  relation  to  establishing  a
  cause of action for injunction and damages for unlawful surveillance

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

  Section 1. Section 51 of the civil rights law, as amended  by  chapter
674 of the laws of 1995, is amended to read as follows:
  S 51. Action for injunction and for damages. 1. Any person whose name,
portrait,  picture  or  voice  is used within this state for advertising
purposes or for the purposes of trade without the written consent  first
obtained  as  above  provided  may  maintain  an equitable action in the
supreme court of this state against the person, firm or  corporation  so
using  his name, portrait, picture or voice, to prevent and restrain the
use thereof; and may also sue  and  recover  damages  for  any  injuries
sustained by reason of such use and if the defendant shall have knowing-
ly used such person's name, portrait, picture or voice in such manner as
is  forbidden  or declared to be unlawful by section fifty of this arti-
cle, the jury, in its discretion, may award exemplary damages. But noth-
ing contained in this article shall be so construed as  to  prevent  any
person,  firm  or corporation from selling or otherwise transferring any
material containing such name, portrait, picture or  voice  in  whatever
medium  to  any user of such name, portrait, picture or voice, or to any
third party for sale or transfer directly or indirectly to such a  user,
for use in a manner lawful under this article; nothing contained in this
article  shall  be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in  or
about  his or its establishment specimens of the work of such establish-
ment, unless the same is continued by such person, firm  or  corporation
after  written  notice  objecting  thereto  has been given by the person
portrayed; and nothing contained in this article shall be  so  construed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07729-02-5
              

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