A02053 Summary:

BILL NO    A02053C

SAME AS    SAME AS S01982-C

SPONSOR    Paulin

COSPNSR    Weprin, Otis

MLTSPNSR   

Amd SS250.45, 250.55 & 250.60, Pen L

Relates to unlawful surveillance in the second degree and dissemination of an
unlawful surveillance image in the first and second degrees.
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A02053 Actions:

BILL NO    A02053C

01/09/2013 referred to codes
01/08/2014 referred to codes
02/14/2014 amend and recommit to codes
02/14/2014 print number 2053a
05/19/2014 amend (t) and recommit to codes
05/19/2014 print number 2053b
05/28/2014 reported 
05/30/2014 advanced to third reading cal.793
06/02/2014 passed assembly
06/02/2014 delivered to senate
06/02/2014 REFERRED TO CODES
06/09/2014 recalled from senate
06/09/2014 RETURNED TO ASSEMBLY
06/09/2014 vote reconsidered - restored to third reading
06/09/2014 amended on third reading 2053c
06/17/2014 substituted by s1982c
           S01982  AMEND=C  CARLUCCI
           01/09/2013 REFERRED TO CODES
           05/20/2013 1ST REPORT CAL.631
           05/21/2013 2ND REPORT CAL.
           05/22/2013 ADVANCED TO THIRD READING 
           05/23/2013 PASSED SENATE
           05/23/2013 DELIVERED TO ASSEMBLY
           05/23/2013 referred to codes
           01/08/2014 died in assembly
           01/08/2014 returned to senate
           01/08/2014 REFERRED TO CODES
           02/21/2014 AMEND AND RECOMMIT TO CODES
           02/21/2014 PRINT NUMBER 1982A
           05/13/2014 1ST REPORT CAL.750
           05/14/2014 2ND REPORT CAL.
           05/19/2014 AMENDED (T) 1982B
           05/19/2014 ADVANCED TO THIRD READING 
           06/09/2014 AMENDED ON THIRD READING 1982C
           06/16/2014 PASSED SENATE
           06/16/2014 DELIVERED TO ASSEMBLY
           06/16/2014 referred to codes
           06/17/2014 substituted for a2053c
           06/17/2014 ordered to third reading cal.793
           06/17/2014 passed assembly
           06/17/2014 returned to senate
           07/31/2014 DELIVERED TO GOVERNOR
           08/01/2014 SIGNED CHAP.193
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A02053 Text:

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

                                        2053--C
                                                               Cal. No. 793

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. PAULIN, WEPRIN -- read once and referred to the
         Committee on Codes -- recommitted to the Committee on Codes in accord-
         ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  ordered
         reprinted  as  amended  and recommitted to said committee -- passed by
         Assembly and delivered to the Senate, recalled from the  Senate,  vote
         reconsidered,  bill amended, ordered reprinted, retaining its place on
         the order of third reading

       AN ACT to amend the penal law, in relation to unlawful surveillance

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

    1    Section  1. Subdivision 4 of section 250.45 of the penal law, as added
    2  by chapter 69 of the laws of 2003, is amended and a new subdivision 5 is
    3  added to read as follows:
    4    4. Without the knowledge or consent of a  person,  he  or  she  inten-
    5  tionally uses or installs, or permits the utilization or installation of
    6  an  imaging  device  to surreptitiously view, broadcast or record, under
    7  the clothing being worn by such person, the  sexual  or  other  intimate
    8  parts of such person[.]; OR
    9    5.  FOR  HIS  OR  HER  OWN,  OR ANOTHER INDIVIDUAL'S AMUSEMENT, ENTER-
   10  TAINMENT, PROFIT, SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE PURPOSE OF
   11  DEGRADING OR ABUSING A PERSON, THE ACTOR INTENTIONALLY USES OR  INSTALLS
   12  OR  PERMITS  THE  UTILIZATION  OR  INSTALLATION  OF AN IMAGING DEVICE TO
   13  SURREPTITIOUSLY VIEW, BROADCAST, OR RECORD SUCH PERSON IN  AN  IDENTIFI-
   14  ABLE MANNER:
   15    (A)  ENGAGING  IN  SEXUAL  CONDUCT,  AS  DEFINED IN SUBDIVISION TEN OF
   16  SECTION 130.00 OF THIS PART;
   17    (B) IN THE SAME IMAGE WITH THE SEXUAL OR INTIMATE PART  OF  ANY  OTHER
   18  PERSON; AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05070-07-4
       A. 2053--C                          2

    1    (C)  AT A PLACE AND TIME WHEN SUCH PERSON HAS A REASONABLE EXPECTATION
    2  OF PRIVACY, WITHOUT SUCH PERSON'S KNOWLEDGE OR CONSENT.
    3    S  2.  Section  250.55 of the penal law, as added by chapter 69 of the
    4  laws of 2003, is amended to read as follows:
    5  S 250.55 Dissemination of an unlawful surveillance image in  the  second
    6             degree.
    7    A  person is guilty of dissemination of an unlawful surveillance image
    8  in the second degree when he or she,  with  knowledge  of  the  unlawful
    9  conduct  by  which  an  image  or images of the sexual or other intimate
   10  parts of another person or  persons  were  obtained  and  such  unlawful
   11  conduct  would  satisfy  the essential elements of the crime of unlawful
   12  surveillance in the first or second degree, AS DEFINED, RESPECTIVELY, IN
   13  SECTION 250.50 OR 250.45 OF  THIS  ARTICLE,  intentionally  disseminates
   14  such image or images.
   15    Dissemination  of  an unlawful surveillance image in the second degree
   16  is a class A misdemeanor.
   17    S 3. Subdivision 1 of section 250.60 of the penal law, as  amended  by
   18  chapter 157 of the laws of 2003, is amended to read as follows:
   19    1. He or she, with knowledge of the unlawful conduct by which an image
   20  or  images  of  the  sexual or other intimate parts of another person or
   21  persons were obtained and such unlawful conduct would satisfy the essen-
   22  tial elements of the crime of unlawful  surveillance  in  the  first  or
   23  second  degree, AS DEFINED, RESPECTIVELY, IN SECTION 250.50 OR 250.45 OF
   24  THIS ARTICLE, sells or publishes such image or images; or
   25    S 4. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.
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