Bill Text: NY A08362 | 2015-2016 | General Assembly | Introduced

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Bill Title: Excludes video camera recordings and raw data generated from such recordings generated from cameras worn or used by police in the city of New York from being included as personnel records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-08-31 - enacting clause stricken [A08362 Detail]

Download: New_York-2015-A08362-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8362
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 12, 2015
                                      ___________
       Introduced  by M. of A. QUART -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the civil rights law and the  public  officers  law,  in
         relation  to  excluding  video  camera recordings from cameras worn or
         used by police in the city of New York from being included as  person-
         nel records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 50-a of the civil rights law is amended by adding a
    2  new subdivision 5 to read as follows:
    3    5. A. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  RECORDINGS
    4  MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
    5  CORRECTION OFFICERS OR PEACE OFFICERS IN THE COURSE OF  DUTY,  INCLUDING
    6  RECORDINGS  MADE  BY  BODY CAMERAS WORN BY AN OFFICER, DASHBOARD CAMERAS
    7  PLACED ON ANY PART OF AN OFFICER'S  MOTOR  VEHICLE,  TRUCK,  BICYCLE  OR
    8  OTHER  VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER
    9  GOVERNMENT-OPERATED  RECORDING  DEVICE,  OR  THE  METADATA  FROM   THOSE
   10  RECORDINGS.
   11    B.  ANY VIDEO RELEASED UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE
   12  ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,  INCLUDING
   13  BUT NOT LIMITED TO, FACIAL FEATURES AND VOICES AND OTHER PERSONAL INFOR-
   14  MATION  AS  DEFINED  IN  SUBDIVISION  SEVEN OF SECTION NINETY-TWO OF THE
   15  PUBLIC OFFICERS LAW.
   16    C. NOTHING IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS  IN  A
   17  CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
   18    D.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO DISALLOW RECORDINGS
   19  OR METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER  PERSONNEL
   20  DECISIONS.
   21    E.  ANYONE  WHO  REQUESTS  A RECORDING OR METADATA RELEASED UNDER THIS
   22  SECTION MAY ALSO REQUEST ANY OR ALL PUBLIC  SAFETY  AGENCY  RECORDS,  AS
   23  DEFINED  IN  SUBDIVISION EIGHT OF SECTION NINETY-TWO OF THE PUBLIC OFFI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09301-05-5
       A. 8362                             2
    1  CERS LAW, NECESSARY TO IDENTIFY ANY OFFICER IN THE RECORDING OR  METADA-
    2  TA.
    3    S  2.  The opening paragraph of section 1-a of the civil rights law is
    4  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
    5  follows:
    6    2.  THE  TERM  "RECORDING",  AS  USED  IN  THIS CHAPTER, SHALL MEAN AN
    7  ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
    8  FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE  DEVICE
    9  OR  ANY  OTHER  MEDIUM  ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
   10  IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR  REPROD-
   11  UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
   12    S  3. Paragraph (c) of subdivision 2 of section 89 of the public offi-
   13  cers law, as amended by section 11 of part U of chapter 61 of  the  laws
   14  of 2011, is amended to read as follows:
   15    (c) Unless otherwise provided by this article, disclosure shall not be
   16  construed  to  constitute  an  unwarranted  invasion of personal privacy
   17  pursuant to paragraphs (a) and (b) of this subdivision:
   18    i. when identifying details are deleted OR REDACTED;
   19    ii. when the person to whom a record pertains consents in  writing  to
   20  disclosure;
   21    iii. when upon presenting reasonable proof of identity, a person seeks
   22  access to records pertaining to him or her; or
   23    iv.  when  a record or group of records relates to the right, title or
   24  interest in real property, or relates to the inventory, status or  char-
   25  acteristics  of  real  property,  in which case disclosure and providing
   26  copies of such record or group of records shall not be deemed an  unwar-
   27  ranted  invasion of personal privacy, provided that nothing herein shall
   28  be construed to authorize the disclosure of electronic contact  informa-
   29  tion,  such  as an e-mail address or a social network username, that has
   30  been collected from a taxpayer under section one  hundred  four  of  the
   31  real property tax law.
   32    S 4. This act shall take effect immediately.