Bill Text: NY A10185 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the filming or recording of arrests and law enforcement activity; provides that individuals may film or record an arrest or other law enforcement activity; prohibits police officers from blocking or obstructing cameras or recording devices during an arrest; provides that individuals otherwise reasonably and lawfully recording or filming the arrest may not be subject to harassment or arrest; also provides that officers may not search or seize a camera or recording device without a warrant or intimidate individuals from recording or filming arrests.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-08-22 - referred to codes [A10185 Detail]
Download: New_York-2013-A10185-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10185 I N A S S E M B L Y August 22, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to enacting the "New Yorker's right to monitor act" permitting the filming or record- ing of police in the act of an arrest or law enforcement activity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "New 2 Yorker's right to monitor act". 3 S 2. The criminal procedure law is amended by adding a new section 4 120.85 to read as follows: 5 S 120.85 WARRANT OF ARREST; FILMING AN ARREST OR OTHER LAW ENFORCEMENT 6 ACTIVITY. 7 1. AN INDIVIDUAL MAY FILM OR RECORD A POLICE OFFICER OR POLICE OFFI- 8 CERS IN THE ACT OF MAKING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY. 9 SUCH OFFICER OR OFFICERS MAY NOT INTENTIONALLY ACT IN A MANNER SOLELY 10 FOR THE PURPOSE OF BLOCKING OR OBSTRUCTING CAMERAS OR OTHER PHOTO, AUDIO 11 OR VIDEO RECORDING DEVICES BEING USED IN MONITORING THE ARREST OR OTHER 12 LAW ENFORCEMENT ACTIVITY. 13 2. AN INDIVIDUAL IN NEW YORK MAY NOT BE SUBJECT TO HARASSMENT OR 14 ARREST FOR FILMING OR RECORDING AN ARREST, PROVIDED THAT SUCH INDIVIDUAL 15 WHO FILMS OR RECORDS THE ARREST DOES SO WITHOUT INTENTIONALLY INTERFER- 16 ING WITH POLICE DUTIES, OR PURPOSEFULLY HARASSING MEMBERS OF THE POLICE 17 OR OTHERS. SUCH INDIVIDUAL WHO FILMS OR RECORDS AN ARREST OR OTHER LAW 18 ENFORCEMENT ACTIVITY MAY NOT ENGAGE IN ACTIONS THAT JEOPARDIZE THE SAFE- 19 TY OF AN OFFICER, A SUSPECT, OR OTHERS IN THE VICINITY. AN INDIVIDUAL, 20 WHILE ENGAGED IN THE ACT OF RECORDING OR FILMING AN ARREST OR OTHER LAW 21 ENFORCEMENT ACTIVITY, MAY NOT SUBSTANTIVELY VIOLATE THE LAW OR INCITE 22 OTHERS TO VIOLATE THE LAW. 23 3. A POLICE OFFICER OR POLICE OFFICERS MAY NOT ARREST, STOP OR DETAIN 24 AN ONLOOKER OF AN ARREST, POLICE STOP, OR DETAINMENT FOR PROBABLE CAUSE 25 BASED ON THE ONLOOKER'S SPEECH ALONE, EVEN THOUGH CRUDE AND VULGAR; 26 REQUESTING AND MAKING NOTES OF POLICE SHIELD NUMBERS OR NAMES OF OFFI- 27 CERS; OR REMAINING IN THE VICINITY OF THE ARREST OR OTHER LAW ENFORCE- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15691-05-4 A. 10185 2 1 MENT ACTIVITY. AN INDIVIDUAL WHO RECORDS OR FILMS AN ARREST OR OTHER 2 LAW ENFORCEMENT ACTIVITY IN A MANNER THAT IS REASONABLE AND OTHERWISE 3 LAWFUL UNDER THE CIRCUMSTANCES SHALL NOT BE CHARGED WITH DISORDERLY 4 CONDUCT PURSUANT TO SECTION 240.20 OF THE PENAL LAW OR OBSTRUCTION OF 5 GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE PURSUANT TO SECTION 6 195.05 OF THE PENAL LAW. 7 4. A POLICE OFFICER OR POLICE OFFICERS MAY NOT SEARCH OR SEIZE A 8 CAMERA, FILMING, PHOTO, VIDEO OR RECORDING DEVICE WITHOUT A WARRANT, 9 UNLESS USED IN THE COMMISSION OF A CRIME. A POLICE OFFICER OR POLICE 10 OFFICERS SHALL NOT THREATEN, INTIMIDATE, OR OTHERWISE DISCOURAGE AN 11 INDIVIDUAL FROM RECORDING OR FILMING LAW ENFORCEMENT ACTIVITIES. AN 12 INDIVIDUAL SHOULD BE GIVEN NOTICE AND OPPORTUNITY TO OBJECT BEFORE THEY 13 ARE IRREVOCABLY DEPRIVED OF THEIR RECORDINGS. 14 5. A LAW ENFORCEMENT OFFICER SHALL NOT DAMAGE OR ERASE THE CONTENTS OF 15 A CAMERA, CELL PHONE OR OTHER VIDEO OR AUDIO RECORDING DEVICE CONFIS- 16 CATED OR SEIZED DURING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY. THE 17 DESTRUCTION OF THE CONTENTS OF A CAMERA OR RECORDING DEVICE BY A LAW 18 ENFORCEMENT OFFICER IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVI- 19 SION SHALL CONSTITUTE TAMPERING WITH PHYSICAL EVIDENCE, AS DEFINED IN 20 SUBDIVISION TWO OF SECTION 215.40 OF THE PENAL LAW. 21 6. THE ATTORNEY GENERAL SHALL ESTABLISH GUIDELINES CLEARLY STATING 22 CIRCUMSTANCES UNDER WHICH A POLICE OFFICER MAY SEIZE A CELL PHONE OR 23 OTHER VIDEO OR AUDIO RECORDING DEVICE, EVEN TEMPORARILY, AND HOW THE 24 RECORDINGS ON THE DEVICE SHALL BE PRESERVED AND MAINTAINED AFTER 25 SEIZURE. THE ATTORNEY GENERAL SHALL ALSO ESTABLISH OFFICER EDUCATION 26 REGARDING THE FILMING OR RECORDING OF ARRESTS. HE OR SHE SHALL ALSO 27 PROVIDE APPROPRIATE SANCTIONS SHOULD OFFICERS NOT COMPLY WITH THE TERMS 28 OF THIS SECTION. THESE GUIDELINES SHALL BE ADOPTED AND IMPLEMENTED BY 29 ALL POLICE DEPARTMENTS IN THE STATE. 30 7. THIS SECTION SHALL APPLY TO BOTH PUBLIC AND PRIVATE PROPERTY. 31 8. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE A MISDE- 32 MEANOR. 33 S 3. This act shall take effect on the one hundred twentieth day after 34 it shall have become a law.