NY State Senate Bill 2017-S3881

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 27, 2017	referred to codes

2017-S3881 (ACTIVE) - Details

See Assembly Version of this Bill:: A3596
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10107
2015-2016: S2642, A1479
2019-2020: S2660, A4833
2021-2022: S6558, A6816

2017-S3881 (ACTIVE) - Summary

Relates to the privacy rights of crime victims; prohibits public servants from disseminating or broadcasting of images of crime victims.

2017-S3881 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3881

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
the privacy rights of crime victims

 PURPOSE OR GENERAL IDEA OF BILL :

A public servant, or anyone acting as a public servant who
intentionally broadcasts or publishes an image of a crime victim
outside of their official duties can be subject to a civil action to
recover damages suffered by reason of such wrongful disclosure.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the civil rights law by adding a new section 50-f.

Section 2 is the effective date.

 JUSTIFICATION :

In March 2009, a 26 year-old woman named Caroline Wimmer was brutally
murdered in her West Brighton, Staten Island apartment. Caroline was a
charming and fun-loving young woman, popular amongst her friends and
beloved by her family. Emergency personnel arrived on the scene
shortly after Caroline's horrified mother found her on the floor of
her bathroom. Inexplicably and shockingly, one' of the EMTs on the

scene - Mark Musarella took a picture of Caroline and later posted it
on his Facebook page.

Despite the egregiousness of this act, Musarella could only be charged
with the simple misdemeanor of official conduct; he would later plead
own to a reduced charge of disorderly conduct, a mere violation no
more serious than trespassing or possession of a small amount of
marijuana. He also received only 200 hours of community service and no
jail time.

New York State law must be updated to address situations like this. It
is clear from the outcome of Mark Musarella's prosecution that current
law is inadequate in this area. This bill would bring the Civil Rights
Law right of privacy section into the modern age and ensure that any
public official who commits a ghastly, insensitive and appalling act
such as this can be subject to a civil action to recover damages
suffered by reason of such wrongful disclosure.

It will further help deter such actions and try to ensure that no
family will have to experience the double horrors that the Wimmer
family faced. Further, this law would strongly promote the training of
public servants to encourage proper and respectful treatment of crime
victim images and discourage egregious acts like this.

 PRIOR LEGISLATIVE HISTORY :

2016- died in  Senate Codes and Assembly Governmental Operations.
2015- died in Senate Codes and Assembly Governmental Operations.
2014- died in Senate Codes and Assembly Governmental Operations.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S3881 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3881
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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:
   §  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.

                                                            LBD00260-01-7

 S. 3881                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S3881

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3881 (ACTIVE) - Details

2017-S3881 (ACTIVE) - Summary

2017-S3881 (ACTIVE) - Sponsor Memo

2017-S3881 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3881

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3881 (ACTIVE) - Details

2017-S3881 (ACTIVE) - Summary

2017-S3881 (ACTIVE) - Sponsor Memo

2017-S3881 (ACTIVE) - Bill Text download pdf

Comments