5.06.2006

BLOG PHOTOGS BEWARE

This legislation may make
taking certain photographs
a 4th degree crime.

The following bill is up in Senate Law and Public Safety on Thursday, May 11

S330 (Madden/Sweeney) - Creates crime of unauthorized surveillance.

Read the proposed NJ Legislation
If you've ever been chased away from taking a photo of a building from a public walkway or street, you should know about the tip of this legislative iceberg.
Or, read it here.

3 comments:

Bob said...

Extended period of time is astonishingly not defined.

Anthony Buccino said...

SENATE, No. 330
STATE OF NEW JERSEY
212th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)

SYNOPSIS
Creates crime of unauthorized surveillance.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel

An Act establishing the crime of unauthorized surveillance and supplementing chapter 17 of Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"Airport" means an airport as defined in R.S.6:1-2.

"Flammable liquid storage facility" means a facility at which one or more above ground liquid storage tanks for the containment of flammable liquids as defined in subsection c. of section 1 of P.L.1984, c.31 (C.52:27D-214) are located.

"Nuclear facility" means a nuclear facility as defined in subsection c. of section 3 of P.L.1981, c. 302 (C.26:2D-39).

"Surveillance or related conduct" means observing for an extended period of time, photographing, videotaping or otherwise recording.

b. A person who engages in surveillance or related conduct for the purpose of collecting information about the security or operating procedures of a power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear facility, flammable liquid storage facility or airport is guilty of a crime of the fourth degree.

c. It is not a violation of this section if the surveillance or related conduct is authorized by the entity that owns or manages the facility or a federal, State or local government entity or instrumentality thereof.

2. This act shall take effect on the first day of the third month following enactment.

STATEMENT
This bill makes observing for an extended period of time, photographing, videotaping or otherwise recording a power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear facility, flammable liquid storage facility or airport for the purpose of collecting information about the facility's security or operating procedures a crime of the fourth degree. Crimes of the fourth degree are punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.

The bill does not criminalize surveillance if authorized by the entity that owns or manages the facility or a federal, State or local government or instrumentality thereof.

As used in the bill, the term nuclear facility includes any facility which would pose a threat to the health and welfare of the public in the event of a radiation accident, including, but not limited to, atomic fission or fusion electric generating facilities, nuclear fuel fabrication plants, nuclear fuel reprocessing plants and nuclear waste handling and disposal facilities.

Anthony Buccino said...

Here's a link to the proposed legislation:

http://www.njleg.state.nj.us/2006/Bills/S0500/330_I1.HTM