The bill does not specify whether a person who is off duty that happens to be somewhat "trained" takes a photo of a scene while not working or volunteering. How about members of departments who "volunteer" or even paid and who also work part time or full time for a newspaper and hold NJ PRESS credentials are they subject to the same rules since they are "trained" ??? Since that newspaper reporter is "trained" does this person violate the law while working for a newspaper when they take a photograph?

New Jersey Firefighters Online has posted numerous rescue photos over the years and has always used a newspaper media standard ethics to protect the identity of an accident victim. It should be common sense to protect the person but also be able to show the firefighters or EMT's rescue effort to the greatest extent possible.  Even if this includes creative angles on taking a photograph or using Photoshop to hide a accident victim's identity.

I think Assembly Bill Number 2274 should be opposed until more clarification is included within the bill to address the concerns mentioned above.

Go to: http://www.njleg.state.nj.us/Default.asp find your assembly person and opposed Assembly Bill Number 2274

Photographs and documentation are important to the fire and emergency medical services for training, insurance claims, history of the services, proof that the emergency services is providing a service to the taxpayers of NJ and that their tax dollars a being spent on such services,  and other needs of the emergency services and general public.

By not allowing photographs to be taken at emergency scene is this just a way for politicians to control the media in a way to hide what services provides so they can cut our budgets?

We can not forget to mention over the past 20 years NJ Firefighters Online photographers have helped hundreds of so called "accident victims" once their attorney's go looking for the photograph for their case; even years down the road. Once photographs and documentation are no longer allowed these so called "victims" may be the real victims of this law. Numerous attorneys have thanked us for the photographs and documentation this website provides.

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED FEBRUARY 18, 2010

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Essex, Morris, Somerset and Union)

SYNOPSIS

Prohibits first responders from disseminating photographs of accident victims and patients to public without consent of victim or patient.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning first responders and supplementing Title 2C of the New Jersey Statutes.

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

     1.    Any first responder who takes one or more photographs or electronic images or makes a video recording of an accident victim or other person receiving emergency medical services and distributes, disseminates, or otherwise makes available through any means such photographs, images, or video recording to members of the public without the prior written consent of the accident victim or person receiving emergency medical services, or the victim’s or person’s next-of-kin if the victim or person cannot provide consent, is guilty of a crime of the fourth degree.

     As used in this act, “first responder” means a law enforcement officer, paid or volunteer firefighter, or other paid or volunteer person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of Health and Senior Services.

     2.    This act shall take effect immediately. 

STATEMENT

     The purpose of this bill is to ensure the privacy of accident victims and other persons receiving emergency medical services from first responders. 

     This bill provides that any first responder who takes one or more photographs or electronic images or makes a video recording of an accident victim or other person receiving emergency medical services and distributes, disseminates, or otherwise makes available through any means such photographs, images, or video recording to members of the public without the prior written consent of the accident victim or person receiving emergency medical services, or the victim’s or person’s next-of-kin if the victim or person cannot provide consent, is guilty of a crime of the fourth degree.  A fourth degree crime is punishable by a fine of up to $10,000, or a term of imprisonment of up to 18 months, or both.

     The bill defines “first responder” to mean a law enforcement officer, paid or volunteer firefighter, or other paid or volunteer person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of Health and Senior Services.