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

                                   626

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BRAUNSTEIN, ABINANTI, GOTTFRIED, SEPULVEDA, MOSE-
  LY,  O'DONNELL, GOODELL, RAIA, McDONOUGH, SKARTADOS -- Multi-Sponsored
  by -- M. of A. BROOK-KRASNY, CAMARA, CERETTO, COOK, GARBARINO, LIFTON,
  RIVERA, SCHIMEL -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law and the civil rights law,  in
  relation to when booking photographs shall be made available

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

  Section 1. Subdivision 3 of section 160.10 of the  criminal  procedure
law,  as  amended by chapter 762 of the laws of 1971, is amended to read
as follows:
  3. Whenever fingerprints are required to be taken pursuant to subdivi-
sion one or permitted to be  taken  pursuant  to  subdivision  two,  the
photograph  and  palmprints  of the arrested person or the defendant, as
the case may be, may also be taken.  DURING THE PENDENCY OF  THE  CHARGE
OR  CHARGES  BROUGHT  WITH RESPECT TO SUCH ARREST, SUMMONS OR APPEARANCE
TICKET, A PHOTOGRAPH TAKEN PURSUANT TO THIS SUBDIVISION MAY NOT BE  MADE
PUBLICLY  AVAILABLE, BUT SHALL BE MADE AVAILABLE (A) TO A PERSON, AGENCY
OR ENTITY PERFORMING A CRIMINAL JUSTICE FUNCTION, AS DEFINED IN SUBDIVI-
SION TEN OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, UPON
ITS REQUEST, FOR ANY SUCH FUNCTION, WHICH MAY WHEN  APPROPRIATE  INCLUDE
PUBLIC RELEASE OF SUCH PHOTOGRAPH; (B) PURSUANT TO A COURT ORDER DIRECT-
ING  THE  RELEASE  OF SUCH PHOTOGRAPH; AND (C) TO THE ARRESTED PERSON OR
DEFENDANT, UPON HIS OR HER REQUEST.
  S 2. 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. 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 IN SECTION FIFTY OF THIS ARTICLE may  main-

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

                                                           LBD02343-01-5

A. 626                              2

tain  an equitable action in the supreme court of this state against the
person, firm or corporation so using his OR HER 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 knowingly used such  person's  name,  portrait,
picture or voice in such manner as is forbidden or declared to be unlaw-
ful  by  section fifty of this article, the jury, in its discretion, may
award exemplary damages. But nothing 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  arti-
cle;  nothing  contained  in  this  article  shall be so construed as to
prevent any person, firm or corporation, practicing  the  profession  of
photography, from exhibiting in or about his or its establishment speci-
mens  of the work of such establishment, 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 as to prevent any person, firm  or  corpo-
ration  from  using the name, portrait, picture or voice of any manufac-
turer or dealer in connection with  the  goods,  wares  and  merchandise
manufactured,  produced or dealt in by him which he has sold or disposed
of with such name, portrait, picture or voice used in connection  there-
with;  or from using the name, portrait, picture or voice of any author,
composer or artist in connection with his literary, musical or  artistic
productions  which  he has sold or disposed of with such name, portrait,
picture or voice used in connection therewith.    Nothing  contained  in
this  section  shall  be  construed to prohibit the copyright owner of a
sound recording from disposing of, dealing in, licensing or selling that
sound recording to any party, if the  right  to  dispose  of,  deal  in,
license  or  sell such sound recording has been conferred by contract or
other written document by such living  person  or  the  holder  of  such
right.  Nothing  contained  in the foregoing sentence shall be deemed to
abrogate or otherwise limit any rights or remedies  otherwise  conferred
by federal law or state law.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.