Assembly Bill A861A

Signed By Governor
2017-2018 Legislative Session

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S870 - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A861 - Details

See Senate Version of this Bill:
S870
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: A9695, S3079
2015-2016: A4368, A7889, S2318

2017-A861 - Summary

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises.

2017-A861 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    861
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN,  PALMESANO, MONTESANO, McDONALD,
   SCHIMMINGER, OAKS, TITONE, ABINANTI, McDONOUGH --  Multi-Sponsored  by
   -- M. of A. THIELE -- read once and referred to the Committee on Judi-
   ciary
 
 AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
   private right of action for unwarranted video imaging  of  residential
   premises
 
   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
 52-a to read as follows:
   § 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
 DENTIAL  PREMISES.  1.  ANY OWNER OR TENANT OF RESIDENTIAL REAL PROPERTY
 SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON  WHO
 INSTALLS  OR  AFFIXES  A VIDEO IMAGING DEVICE ON PROPERTY ADJOINING SUCH
 RESIDENTIAL REAL PROPERTY FOR THE PURPOSE OF  VIDEO  TAPING  THE  RECRE-
 ATIONAL  ACTIVITIES  WHICH OCCUR IN THE BACKYARD OF THE RESIDENTIAL REAL
 PROPERTY WITHOUT THE  WRITTEN  CONSENT  THERETO  OF  SUCH  OWNER  AND/OR
 TENANT.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ANY LAW
 ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
   2. FOR THE PURPOSES  OF  THIS  SECTION,  "BACKYARD"  SHALL  MEAN  THAT
 PORTION  OF  THE  PARCEL  ON  WHICH RESIDENTIAL REAL PROPERTY IS LOCATED
 WHICH EXTENDS BEYOND THE REAR  FOOTPRINT  OF  THE  RESIDENTIAL  DWELLING
 SITUATE  THEREON,  AND  TO  THE  SIDE AND REAR BOUNDARIES OF SUCH PARCEL
 EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01758-01-7

co-Sponsors

multi-Sponsors

2017-A861A (ACTIVE) - Details

See Senate Version of this Bill:
S870
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2013-2014: A9695, S3079
2015-2016: A4368, A7889, S2318

2017-A861A (ACTIVE) - Summary

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises.

2017-A861A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  861--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. BRAUNSTEIN, PALMESANO, MONTESANO, SCHIMMINGER,
   OAKS, TITONE, ABINANTI, McDONOUGH -- Multi-Sponsored by --  M.  of  A.
   THIELE  --  read  once  and  referred to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
   private right of action for unwarranted video imaging  of  residential
   premises
 
   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
 52-a to read as follows:
   § 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
 DENTIAL  PREMISES.  1.  ANY OWNER OR TENANT OF RESIDENTIAL REAL PROPERTY
 SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON  WHO
 INSTALLS  OR  AFFIXES  A VIDEO IMAGING DEVICE ON PROPERTY ADJOINING SUCH
 RESIDENTIAL REAL PROPERTY FOR THE PURPOSE  OF  VIDEO  TAPING  OR  TAKING
 MOVING  DIGITAL IMAGES OF THE RECREATIONAL ACTIVITIES WHICH OCCUR IN THE
 BACKYARD OF THE RESIDENTIAL REAL PROPERTY WITHOUT  THE  WRITTEN  CONSENT
 THERETO  OF  SUCH  OWNER  AND/OR  TENANT WITH INTENT TO HARASS, ANNOY OR
 ALARM ANOTHER PERSON, OR WITH INTENT TO THREATEN THE PERSON OR  PROPERTY
 OF  ANOTHER  PERSON.   THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
 ANY LAW ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED
 DUTIES.
   2. FOR THE PURPOSES  OF  THIS  SECTION,  "BACKYARD"  SHALL  MEAN  THAT
 PORTION  OF  THE  PARCEL  ON  WHICH RESIDENTIAL REAL PROPERTY IS LOCATED
 WHICH EXTENDS BEYOND THE REAR  FOOTPRINT  OF  THE  RESIDENTIAL  DWELLING
 SITUATED  THEREON,  AND  TO  THE SIDE AND REAR BOUNDARIES OF SUCH PARCEL
 EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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