S T A T E   O F   N E W   Y O R K
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                                  1479

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the civil rights law, in relation to the privacy rights
  of crime victims

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

  Section  1.  The  civil  rights law is amended by adding a new section
50-f to read as follows:
  S 50-F. RIGHT OF PRIVACY;  DISSEMINATION  OF  THE  IMAGE  OF  A  CRIME
VICTIM.  1.  THE  IMAGE OF A CRIME VICTIM, WITHIN THE MEANING OF SECTION
SIX HUNDRED FORTY-ONE OF THE EXECUTIVE LAW, SHALL BE DEEMED CONFIDENTIAL
TO THE EXTENT PROVIDED IN THIS SECTION. NO PERSON WHO IS A PUBLIC  SERV-
ANT,  OR  WHO IS PERFORMING THE OFFICIAL DUTIES OF A PUBLIC SERVANT, WHO
IN THE COURSE OF HIS OR HER OFFICIAL DUTIES RECORDS A  STILL  OR  MOTION
PICTURE  IMAGE  OF  A  CRIME  VICTIM,  SHALL  INTENTIONALLY BROADCAST OR
PUBLISH SUCH IMAGE OF SUCH CRIME VICTIM OUTSIDE OF THE COURSE OF CONDUCT
OF HIS OR HER OFFICIAL DUTIES,  EXCEPT  THAT  NOTHING  HEREIN  SHALL  BE
CONSTRUED  TO  IMPAIR  OR  DIMINISH  THE  AUTHORITY TO USE SUCH STILL OR
MOTION PICTURE IMAGE  FOR  AN  AUTHORIZED  OFFICIAL  PURPOSE,  INCLUDING
AUTHORIZED  TRAINING, NOR THE OBLIGATION TO DISCLOSE SUCH IMAGE PURSUANT
TO A COURT ORDER OR AS MAY OTHERWISE BE REQUIRED BY LAW.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03107-01-5
              

A. 1479                             2

ITED,  CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY OR
OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.
   3.  IF  AN  IMAGE OF A CRIME VICTIM, AS DEFINED IN SUBDIVISION ONE OF
THIS SECTION, IS BROADCAST OR PUBLISHED IN VIOLATION  OF  SUCH  SUBDIVI-
SION,  ANY PERSON INJURED BY SUCH BROADCAST OR PUBLICATION, MAY BRING AN
ACTION TO RECOVER ACTUAL AND/OR EXEMPLARY DAMAGES SUFFERED BY REASON  OF
SUCH WRONGFUL BROADCAST OR PUBLICATION. IN ANY ACTION BROUGHT UNDER THIS
SECTION,  THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING
PLAINTIFF.
  4. ANY PERSON WHO, UPON APPLICATION TO  A  COURT  HAVING  JURISDICTION
OVER  SAID ACTION, DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT AN
AUTHORIZED, OFFICIAL PURPOSE EXISTED FOR SUCH BROADCAST OR  PUBLICATION,
SHALL HAVE A DEFENSE TO SUCH ACTION. SUCH APPLICATION SHALL BE MADE UPON
NOTICE TO ALL PARTIES AS WELL AS THE CRIME VICTIM AND ANY PERSON LEGALLY
RESPONSIBLE FOR THE CARE OF SUCH CRIME VICTIM.
  S 2. This act shall take effect immediately.