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F I S C A L I M P A C T R E P O R T





SPONSOR: HJC DATE TYPED: 02/13/00 HB 257/HJCS
SHORT TITLE: Unlawful Observing/Filming of a Person SB
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI

(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



LFC files

Administrative Office of the Courts (AOC)



SUMMARY



Synopsis of HJC Substitute



House Bill 257/HJCS creates a new section of the criminal code to classify (as a misdemeanor) the unlawful observing, filming, videotaping or photographing of a person. The crime is committed when observing or filming is done without the subject's consent, when the subject is in a state of undress, or when the subject is in a restroom, dressing room or other area not open to public view where the subject has a reasonable expectation of privacy.



The provisions of the bill do not apply to law enforcement officers conducting lawful criminal investigations, or to corrections officers and jail officials filming while investigating alleged misconduct by prisoners or for other security reasons. The bill also exempts the news media and licensed private investigators in some instances.



DUPLICATION



House Bill 257 duplicates Senate Bill 73.



BOC/njw:gm