Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 07, 2010 |
referred to codes |
Assembly Bill A9492
2009-2010 Legislative Session
Sponsored By
BING
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Matthew Titone
Joan Christensen
Michael Benjamin
Ellen C. Jaffee
multi-Sponsors
Francine DelMonte
Robert Reilly
Frank Skartados
Robert Sweeney
2009-A9492 (ACTIVE) - Details
2009-A9492 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9492 TITLE OF BILL: An act to amend the penal law, in relation to establish- ing the crimes of possession of an unauthorized recording in the first and second degrees PURPOSE: To increase the penalties for intellectual property theft involving unauthorized recordings. SUMMARY OF PROVISIONS: Amends the penal law by adding two new sections 275.41 and 275.42 to create the crimes of possession of an unauthorized recording in the second degree and possession of an unauthorized record- ing in the first degree. JUSTIFICATION: The counterfeit goods trade is a serious problem which is reportedly getting worse. This illicit trade comprises the sale of so-called knock-offs of brand-name products as well as pirated intellec- tual property, including "bootleg" DVDs. It has been estimated that the counterfeit goods trade takes billions of dollars out of the state's economy, with an annual fiscal impact of over $2.6 billion in lost revenue. Under current law, the "unauthorized operation of a recording device in a motion picture theater" is prohibited as a violation under penal law section 275.32. This legislation would allow for prosecutions for possession of recordings made in violation of that section; possession
2009-A9492 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9492 I N A S S E M B L Y January 7, 2010 ___________ Introduced by M. of A. BING, TITONE, CHRISTENSEN, BENJAMIN, JAFFEE, CASTRO -- Multi-Sponsored by -- M. of A. DelMONTE, REILLY, SKARTADOS, SWEENEY, THIELE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crimes of possession of an unauthorized recording in the first and second degrees 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 two new sections 275.41 and 275.42 to read as follows: S 275.41 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE. A PERSON IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE WHEN THE PERSON POSSESSES A RECORDING KNOWING IT TO HAVE BEEN RECORDED IN VIOLATION OF SECTION 275.32 OF THIS ARTICLE, WITH THE INTENT TO OFFER SUCH RECORDING FOR SALE OR RENTAL. POSSESSION OF AN UNAUTHORIZED RECORDING IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 275.42 POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE. A PERSON IS GUILTY OF POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE WHEN THE PERSON POSSESSES MORE THAN TEN RECORDINGS KNOWING THEM TO HAVE BEEN RECORDED IN VIOLATION OF SECTION 275.32 OF THIS ARTI- CLE, WITH THE INTENT TO OFFER SUCH RECORDINGS FOR SALE OR RENTAL. POSSESSION OF AN UNAUTHORIZED RECORDING IN THE FIRST DEGREE IS A CLASS E FELONY. 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. LBD06874-01-9
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