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A07427 Summary:

BILL NOA07427
 
SAME ASSAME AS S03987
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Amd §§50 & 51, Civ Rts L
 
Prohibits the recording of visual images of a person having a reasonable expectation of privacy while within a dwelling, when such images are recorded by another person outside the dwelling; makes such a violation a misdemeanor and establishes civil liability by private cause of action.
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A07427 Actions:

BILL NOA07427
 
05/07/2021referred to codes
01/05/2022referred to codes
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A07427 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7427
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 7, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the civil rights law, in relation to capturing the visu-
          al  image of a person within a dwelling when such person has a reason-
          able expectation of privacy
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of section 50 of the civil rights law
     2  is  designated subdivision 1 and a new subdivision 2 is added to read as
     3  follows:
     4    2. A person who, while located outside a dwelling,  knowingly  records
     5  or  captures  a  visual  image  of  another person within a dwelling and
     6  having a reasonable expectation of privacy therein, shall be guilty of a
     7  misdemeanor. For the purposes of this subdivision, "dwelling" shall have
     8  the same meaning as provided in subdivision three of section  140.00  of
     9  the penal law.
    10    §  2.  The  opening paragraph of section 51 of the civil rights law is
    11  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
    12  follows:
    13    2.  Any person whose visual image is recorded or captured in violation
    14  of subdivision two of section fifty of  this  article  may  maintain  an
    15  equitable  action  in the supreme court of this state against any person
    16  recording, capturing or disseminating such visual image, to prevent  the
    17  viewing  or  dissemination thereof; and may also sue and recover damages
    18  for any injuries sustained by reason of such  viewing  or  dissemination
    19  and  if  the  defendant shall have knowingly viewed or disseminated such
    20  person's visual image captured or recorded in violation  of  subdivision
    21  two  of  section fifty of this article, the jury, in its discretion, may
    22  award exemplary damages.
    23    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08260-01-1
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