Bill Text: NY A05372 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to permitting the photographing or recording of a law enforcement officer as long as such person isn't under arrest; outlines unlawful retaliatory measures by law enforcement for such photography or recording.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05372 Detail]

Download: New_York-2021-A05372-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5372

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced by M. of A. TAYLOR -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to photographing or recording
          a law enforcement officer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 195.05 of the penal law, as amended by chapter  269
     2  of the laws of 1998, is amended to read as follows:
     3  § 195.05 Obstructing governmental administration in the second degree.
     4    1.  A  person  is guilty of obstructing governmental administration in
     5  the second degree when he intentionally obstructs, impairs  or  perverts
     6  the  administration of law or other governmental function or prevents or
     7  attempts to prevent a public servant from performing an  official  func-
     8  tion,  by  means  of intimidation, physical force or interference, or by
     9  means of any independently unlawful act, or  by  means  of  interfering,
    10  whether  or not physical force is involved, with radio, telephone, tele-
    11  vision or other telecommunications systems  owned  or  operated  by  the
    12  state,  or  a  county,  city,  town, village, fire district or emergency
    13  medical service or by  means  of  releasing  a  dangerous  animal  under
    14  circumstances  evincing  the  actor's  intent  that  the animal obstruct
    15  governmental administration.
    16    2. A person is permitted to exercise  their  right  to  photograph  or
    17  record a law enforcement officer performing their duties while the offi-
    18  cer  is  in a public place or public view, or the person is in a private
    19  place the person has the right to be.
    20    (a) If such photography or recording occurs, an officer shall not:
    21    (i) intentionally hinder, prevent, or obstruct the person from  taking
    22  a photograph or making a recording;
    23    (ii)  detain,  arrest,  threaten, intimidate, or otherwise harass such
    24  person;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05288-01-1
        A. 5372                             2

     1    (iii) search or seize the photograph, recording,  or  device  used  to
     2  take  the photograph or make the recording without such person's permis-
     3  sion or a warrant; or
     4    (iv)  damage  or  destroy the photograph, recording, or device used to
     5  take the photograph or make the recording.
     6    (b) This subdivision shall not apply to a person if an officer  is  in
     7  the  act  of  placing  such  person  under arrest or the person is under
     8  arrest.
     9    (c) If an officer violates this subdivision, such person shall have  a
    10  civil cause of action against the officer and the officer's law enforce-
    11  ment agency.
    12    Obstructing  governmental  administration  in  the  second degree is a
    13  class A misdemeanor.
    14    § 2. This act shall take effect immediately.