Bill Text: NY A06464 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A06464 Detail]

Download: New_York-2023-A06464-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6464

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
          the Committee on Judiciary

        AN ACT to amend the civil practice law and rules and the criminal proce-
          dure law, in relation to recordings found on police cameras

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

     1    Section  1.  Subdivision (i) of section 3101 of the civil practice law
     2  and rules, as added by chapter 574 of the laws of 1993,  is  amended  to
     3  read as follows:
     4    (i)  In  addition  to any other matter which may be subject to disclo-
     5  sure, there shall be full disclosure of any  films,  photographs,  video
     6  tapes or audio tapes, including, but not limited to, all recordings made
     7  or  received  in  connection  with a police or peace officer's body worn
     8  camera and/or a camera installed in or on a police  or  peace  officer's
     9  vehicle,  including transcripts or memoranda thereof, involving a person
    10  referred to in paragraph one of subdivision (a) of this section.   There
    11  shall  be  disclosure  of  all portions of such material, including out-
    12  takes, rather than only those portions  a  party  intends  to  use.  The
    13  provisions of this subdivision shall not apply to materials compiled for
    14  law  enforcement purposes which are exempt from disclosure under section
    15  eighty-seven of the public officers law.
    16    § 2. Paragraph (g) of subdivision 1 of section 245.20 of the  criminal
    17  procedure  law, as amended by section 2 of part HHH of chapter 56 of the
    18  laws of 2020, is amended to read as follows:
    19    (g) All tapes or other electronic recordings, including all electronic
    20  recordings of 911 telephone calls made or received  in  connection  with
    21  the  alleged  criminal  incident  and including, but not limited to, all
    22  recordings made or received in connection with a police or  peace  offi-
    23  cer's  body  worn  camera  and/or  camera installed in or on a police or
    24  peace officer's vehicle, and a designation by the prosecutor as to which
    25  of the recordings under this paragraph the prosecution intends to intro-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04103-01-3
        A. 6464                             2

     1  duce at trial or a pre-trial  hearing.  If  the  discoverable  materials
     2  under  this  paragraph exceed ten hours in total length, the prosecution
     3  may disclose only the recordings that it intends to introduce  at  trial
     4  or  a pre-trial hearing, along with a list of the source and approximate
     5  quantity of other recordings and their general subject matter if  known,
     6  and the defendant shall have the right upon request to obtain recordings
     7  not  previously  disclosed. The prosecution shall disclose the requested
     8  materials as soon as practicable and not less than fifteen calendar days
     9  after the defendant's request, unless an order is obtained  pursuant  to
    10  section  245.70  of this article. The prosecution may withhold the names
    11  and identifying information of any person who contacted 911 without  the
    12  need  for a protective order pursuant to section 245.70 of this article,
    13  provided, however, the defendant may move the court for  disclosure.  If
    14  the  prosecution  intends to call such person as a witness at a trial or
    15  hearing, the prosecution must disclose the name and contact  information
    16  of such witness no later than fifteen days before such trial or hearing,
    17  or as soon as practicable.
    18    § 3. This act shall take effect immediately.