Bill Text: NY S05029 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S05029 Detail]

Download: New_York-2017-S05029-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5029
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 6, 2017
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law and the civil rights law,  in
          relation to when booking photographs shall be made available
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 160.10 of the  criminal  procedure
     2  law,  as  amended by chapter 762 of the laws of 1971, is amended to read
     3  as follows:
     4    3. Whenever fingerprints are required to be taken pursuant to subdivi-
     5  sion one or permitted to be  taken  pursuant  to  subdivision  two,  the
     6  photograph  and  palmprints  of the arrested person or the defendant, as
     7  the case may be, may also be taken.  During the pendency of  the  charge
     8  or  charges  brought  with respect to such arrest, summons or appearance
     9  ticket, a photograph taken pursuant to this subdivision may not be  made
    10  publicly  available, but shall be made available (a) to a person, agency
    11  or entity performing a criminal justice function, as defined in subdivi-
    12  sion ten of section eight hundred thirty-five of the executive law, upon
    13  its request, for any such function, which may when  appropriate  include
    14  public release of such photograph; (b) pursuant to a court order direct-
    15  ing  the  release  of such photograph; and (c) to the arrested person or
    16  defendant, upon his or her request.
    17    § 2. Section 51 of the civil rights law, as amended by chapter 674  of
    18  the laws of 1995, is amended to read as follows:
    19    §  51.  Action  for injunction and for damages. Any person whose name,
    20  portrait, picture or voice is used within  this  state  for  advertising
    21  purposes  or for the purposes of trade without the written consent first
    22  obtained as [above] provided in section fifty of this article may  main-
    23  tain  an equitable action in the supreme court of this state against the
    24  person, firm or corporation so using his or her name, portrait,  picture
    25  or  voice, to prevent and restrain the use thereof; and may also sue and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01696-01-7
        S. 5029                             2
     1  recover damages for any injuries sustained by reason of such use and  if
     2  the  defendant  shall  have knowingly used such person's name, portrait,
     3  picture or voice in such manner as is forbidden or declared to be unlaw-
     4  ful  by  section fifty of this article, the jury, in its discretion, may
     5  award exemplary damages. But nothing contained in this article shall  be
     6  so  construed as to prevent any person, firm or corporation from selling
     7  or otherwise transferring any material containing such  name,  portrait,
     8  picture  or voice in whatever medium to any user of such name, portrait,
     9  picture or voice, or to any third party for sale or transfer directly or
    10  indirectly to such a user, for use in a manner lawful under  this  arti-
    11  cle;  nothing  contained  in  this  article  shall be so construed as to
    12  prevent any person, firm or corporation, practicing  the  profession  of
    13  photography, from exhibiting in or about his or its establishment speci-
    14  mens  of the work of such establishment, unless the same is continued by
    15  such person, firm or corporation after written notice objecting  thereto
    16  has  been  given  by the person portrayed; and nothing contained in this
    17  article shall be so construed as to prevent any person, firm  or  corpo-
    18  ration  from  using the name, portrait, picture or voice of any manufac-
    19  turer or dealer in connection with  the  goods,  wares  and  merchandise
    20  manufactured,  produced or dealt in by him which he has sold or disposed
    21  of with such name, portrait, picture or voice used in connection  there-
    22  with;  or from using the name, portrait, picture or voice of any author,
    23  composer or artist in connection with his literary, musical or  artistic
    24  productions  which  he has sold or disposed of with such name, portrait,
    25  picture or voice used in connection therewith.    Nothing  contained  in
    26  this  section  shall  be  construed to prohibit the copyright owner of a
    27  sound recording from disposing of, dealing in, licensing or selling that
    28  sound recording to any party, if the  right  to  dispose  of,  deal  in,
    29  license  or  sell such sound recording has been conferred by contract or
    30  other written document by such living  person  or  the  holder  of  such
    31  right.  Nothing  contained  in the foregoing sentence shall be deemed to
    32  abrogate or otherwise limit any rights or remedies  otherwise  conferred
    33  by federal law or state law.
    34    §  3.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law.