NY State Senate Bill 2017-S5729

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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Actions

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

co-Sponsors

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2017-S5729 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§235.25, 235.26 & 235.27, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S654
2021-2022: S6141
2023-2024: S4978

2017-S5729 (ACTIVE) - Summary

Criminalizes the video recording of the commission of a violent felony and the conspiracy to record such video.

2017-S5729 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5729

 TITLE OF BILL :

An act to amend the penal law, in relation to criminalizing the
filming of a violent crime

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would make it a crime to film the commission of a
violent felony with the intent to promote or encourage the commission
of the felony

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Creates a new section 235.25 - creating the crime of
recording a video in the commission of a violent felony

He or she is guilty of this crime when the perpetrator of the
underlying felony recording the commission of the felony, or another
individual conspires with the perpetrator of the underlying felony to
record a video with the intent to encourage or promote the violent
felony.

Section 2. Effective Date.

 JUSTIFICATION :

With the rise in use of social media and mobile devices, so has the
propensity to record videos of violent crimes for temporary fame.
This legislation targets criminal recording videos of themselves
committing violent felonies, or any individuals who may encourage them
to promote depraved acts through filming. An individual who helps the
perpetrator of a violent felony with prior knowledge of the attack is
as equally guilty as the perpetrator who films themselves.

This legislation would not punish bystanders or the media who report
on the incident.

This crime would incur an additional charge which the perpetrator or
coconspirator of a violent felony. An individual found guilty of this
crime would be charged with a class E felony, with up to four years in
jail and a $5000 fine.

It is in the public interest to deter individuals from making videos
of violent crimes to post on social media. This morally depraved
behavior should not be rewarded through millions of video views.
Individuals who film themselves committing violent felonies need to be
held accountable for their actions.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First of November after it shall have become law.

2017-S5729 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5729
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the  filming
   of a violent crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 235 of the penal law is amended by adding three new
 sections 235.25, 235.26 and 235.27 to read as follows:
 § 235.25 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY;  DEFI-
            NITIONS OF TERMS.
   FOR  THE  PURPOSES  OF SECTIONS 235.26 AND 235.27, OF THIS ARTICLE THE
 TERM "VIOLENT FELONY" MEANS ANY OFFENSE DESCRIBED IN  SECTION  70.02  OF
 THIS CHAPTER.
 § 235.26 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY.
   A PERSON IS GUILTY OF RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT
 FELONY WHEN HE OR SHE:
   1. WILFULLY RECORDS A VIDEO OF THE COMMISSION OF A VIOLENT FELONY WITH
 INTENT  TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE UNDERLYING VIOLENT
 FELONY; OR
   2. CONSPIRES WITH ANOTHER TO RECORD A VIDEO OF  THE  COMMISSION  OF  A
 VIOLENT FELONY WITH INTENT TO PROMOTE OR ENCOURAGE THE COMMISSION OF THE
 UNDERLYING VIOLENT FELONY.
   RECORDING  A  VIDEO OF THE COMMISSION OF A VIOLENT FELONY IS A CLASS E
 FELONY.
 § 235.27 RECORDING A VIDEO OF THE COMMISSION OF A VIOLENT FELONY;  LIMI-
            TATIONS.
   SUBMISSION OF THE VIDEO DESCRIBED IN SECTION 235.26 OF THIS ARTICLE BY
 THE  PERSON  RECORDING THE VIDEO TO LAW ENFORCEMENT AT THE FIRST REASON-
 ABLE OPPORTUNITY MAY BE CONSIDERED AS EVIDENCE THAT  THE  PERSON  LACKED
 THE  INTENT  TO  PROMOTE  OR  ENCOURAGE THE COMMISSION OF THE UNDERLYING
 VIOLENT FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11170-02-7

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Senate Bill S5729

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S5729 (ACTIVE) - Details

2017-S5729 (ACTIVE) - Summary

2017-S5729 (ACTIVE) - Sponsor Memo

2017-S5729 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5729

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Tony Avella

Thomas D. Croci

Martin J. Golden

Kathleen A. Marchione

2017-S5729 (ACTIVE) - Details

2017-S5729 (ACTIVE) - Summary

2017-S5729 (ACTIVE) - Sponsor Memo

2017-S5729 (ACTIVE) - Bill Text download pdf

Comments