NY State Senate Bill 2019-S654

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 08, 2020	referred to codes
Jan 09, 2019	referred to codes

co-Sponsors

2019-S654 (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:: 2017-2018: S5729
2021-2022: S6141
2023-2024: S4978

2019-S654 (ACTIVE) - Summary

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

2019-S654 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S654

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the penal law, in relation to crimi-
nalizing 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 commiss ion
of the felony

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates a new section 235.25 - creating the crime of record-
ing 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 in dividual
conspires with the perpetrator of the underlying felony to record a
video with the intent to encourage or promote the violen t 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 t hem 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:

2017-18 Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

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

2019-S654 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    654
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  BOYLE,  SAVINO,  SEWARD -- 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. 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

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

                                                            LBD04498-01-9

 S. 654                              2
 
 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.

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Senate Bill S654

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S654 (ACTIVE) - Details

2019-S654 (ACTIVE) - Summary

2019-S654 (ACTIVE) - Sponsor Memo

2019-S654 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S654

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Alessandra Biaggi

Diane J. Savino

James L. Seward

2019-S654 (ACTIVE) - Details

2019-S654 (ACTIVE) - Summary

2019-S654 (ACTIVE) - Sponsor Memo

2019-S654 (ACTIVE) - Bill Text download pdf

Comments