New York S 3846: Designates public lewdness as public lewdness in the fourth degree and establishes the class E felony of public lewdness in the second degree for multiple offenses

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S03846 Summary:

BILL NOS03846 

&nbsp

SAME ASSAME AS A02086

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §79-h, Civ Rts L

&nbsp

Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log; defines web log as a website or webpage that contains an online journal containing news, comments and offers hyperlinks provided by the writer.

Go to top S03846 Actions:

BILL NOS03846 

&nbsp

01/30/2025REFERRED TO CODES

Go to topS03846 Committee&nbspVotes:

Go to topS03846 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03846 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3846

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Codes

 AN ACT to amend the civil rights law, in relation to exemptions provided
 to professional journalists and newscasters from contempt

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph 6 of subdivision (a) of section 79-h of the civil
 2 rights law, as amended by chapter 468 of the laws of 1981, is amended to
 3 read as follows:
 4 (6) "Professional journalist" shall mean one who, for gain or liveli-
 5 hood, is engaged in gathering, preparing, collecting, writing, editing,
 6 filming, taping or photographing of news intended for a newspaper, maga-
 7 zine, news agency, press association [or], wire service or web log or
 8 other professional medium or agency which has as one of its regular
 9 functions the processing and researching of news intended for dissem-
 10 ination to the public; such person shall be someone performing said
 11 function either as a regular employee or as one otherwise professionally
 12 affiliated for gain or livelihood with such medium of communication.
 13 § 2. Subdivision (a) of section 79-h of the civil rights law is
 14 amended by adding a new paragraph 9 to read as follows:
 15 (9) "Web log" shall mean a website or webpage that contains an online
 16 journal containing news, comments and offers hyperlinks provided by the
 17 professional journalist or newscaster.
 18 § 3. Subdivision (b) of section 79-h of the civil rights law, as
 19 amended by chapter 33 of the laws of 1990, is amended to read as
 20 follows:
 21 (b) Exemption of professional journalists and newscasters from
 22 contempt: Absolute protection for confidential news. Notwithstanding the
 23 provisions of any general or specific law to the contrary, no profes-
 24 sional journalist or newscaster presently or having previously been
 25 employed or otherwise associated with any newspaper, magazine, news

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05855-01-5

 S. 3846 2

 1 agency, press association, wire service, web log, radio or television
 2 transmission station or network or other professional medium of communi-
 3 cating news or information to the public shall be adjudged in contempt
 4 by any court in connection with any civil or criminal proceeding, or by
 5 the legislature or other body having contempt powers, nor shall a grand
 6 jury seek to have a journalist or newscaster held in contempt by any
 7 court, legislature or other body having contempt powers for refusing or
 8 failing to disclose any news obtained or received in confidence or the
 9 identity of the source of any such news coming into such person's
 10 possession in the course of gathering or obtaining news for publication
 11 or to be published in a newspaper, magazine, web log or for broadcast by
 12 a radio or television transmission station or network or for public
 13 dissemination by any other professional medium or agency which has as
 14 one of its main functions the dissemination of news to the public, by
 15 which such person is professionally employed or otherwise associated in
 16 a news gathering capacity notwithstanding that the material or identity
 17 of a source of such material or related material gathered by a person
 18 des