STATE OF NEW YORK ________________________________________________________________________ 664 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. CARROLL, TAYLOR, SEAWRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to requiring arrests be recorded or else such arrest is void and the defendant is discharged The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.80 of the criminal procedure law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. A warrant for arrest shall not be executed without the execution of 4 such warrant being recorded by a functioning and unobstructed body 5 camera or other video recording device. If the execution of the warrant 6 is not recorded on video by the police officers executing the warrant, 7 the arrest shall be deemed void and the defendant shall be discharged. 8 § 2. Section 140.15 of the criminal procedure law is amended by adding 9 a new subdivision 5 to read as follows: 10 5. The arresting police officer shall record such arrest using a func- 11 tioning and unobstructed body camera or other video recording device. If 12 such arrest was not recorded on video by the police officers making such 13 arrest, such arrest shall be deemed void and the defendant shall be 14 discharged. 15 § 3. Section 140.27 of the criminal procedure law is amended by adding 16 a new subdivision 6 to read as follows: 17 6. The arresting peace officer shall record such arrest using a func- 18 tioning and unobstructed body camera or other video recording device. If 19 such arrest was not recorded on video by the peace officers making such 20 arrest, such arrest shall be deemed void and the defendant shall be 21 discharged. 22 § 4. This act shall take effect on the thirtieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01082-01-3