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

                                  10107

                          I N  A S S E M B L Y

                              June 13, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of 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-
ITED, CIRCULATED,  ADVERTISED  OR  MADE  ACCESSIBLE,  ELECTRONICALLY  OR
OTHERWISE AND TO MAKE SUCH IMAGE OR IMAGES AVAILABLE TO THE PUBLIC.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15577-01-4
              

A. 10107                            2

   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.