'Nobody should have to endure a trauma like this': Bill inspired by Bianca Devins' death moves forward

A state bill inspired by the death of Utica teenager Bianca Devins is closer to becoming a law after passing in the New York State Senate and Assembly within the past week.

The bill — sponsored by state Assemblywoman Marianne Buttenschon, D-Marcy, and co-sponsored in the state senate by Sen. Joseph Griffo, R-Rome — would make it a crime to share personal images online without permission. It was written in response to graphic images shared online of Devins' death in July 2019, which were later shared and used to harass the 17-year-old's family.

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'Give our family some peace'

The teen's death at the hands of then 21-year-old Brandon Clark of Bridgeport — who would later plead guilty to stabbing her to death and posting photos of her body online — gained international attention with the sharing of the images. Her family, including her mother and sister, later would describe being harassed with these images online.

Legislators also pointed to the 2009 murder of 26-year-old Caroline Wimmer in Staten Island, whose remains were later reportedly shared in images on Facebook.

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"Nobody should ever have to endure a trauma like this," Buttenschon said in a statement. "Those social media users who spread these types of photos and videos should face consequences."

A statement from Devins' grandfather, Frank Williams, and her mother, Kim Devins, thanked Buttenschon and Griffo, as well as state Sen. Diane Savino of Brooklyn and Staten Island, who sponsored the senate bill.

"When signed into law this will hold accountable those heartless people who disseminate graphic pictures of crime victims for the purpose of tormenting the victim or their families," the statement said, concluding with the family's hope for a similar federal law.

The state bill passed the Assembly in January before being delivered to the Senate, where it eventually passed last Friday, according to bill records. It was delivered back to the Assembly, where it passed Tuesday.

Throughout the bill's process in the state Legislature, Devins' family remained optimistic of its passage.

"Please give our family some peace," Williams said, when discussing the bill last year. "Give Bianca justice. Pass this bill."

What the bill would do

If the bill is signed into law by Gov. Kathy Hochul, it would create the crimes of unlawful dissemination of a personal image in the first- and second-degrees, both misdemeanors, as well as allow for private civil action for such offenses.

The law would not apply to: reporting unlawful conduct; images shared for medical treatment, law enforcement or legal purposes; images in a public or commercial place "where legal activities are being conducted"; or images shared "for a legitimate public purpose."

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Social media sites such as Instagram also were criticized by lawmakers for their slow response to remove the images of Devins. A bill was introduced in Congress to address this by former Rep. Anthony Brindisi of Utica. The bill, which currently remains in committee, would require transparency from social media companies and empower state attorney generals to file civil suits for noncompliance.

Last year, members of Devins' family also sued Oneida County District Attorney Scott McNamara and his office for allegedly sharing footage of the murder with media outlets. The last action in federal court, according to records, was the court's receipt of a video on a hard drive from CBS this past October.

H. Rose Schneider covers public safety, breaking and trending news for the Observer-Dispatch. Email Rose at hschneider@gannett.com.

This article originally appeared on Observer-Dispatch: State bill inspired by Bianca Devins' murder passes New York Senate