Bill Text: NY A08674 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the use of body-worn cameras by New York state police officers; establishes the New York state police body-worn cameras program; requires the division of state police to provide body-worn cameras to be worn by all officers.

Spectrum: Partisan Bill (Democrat 50-0)

Status: (Passed) 2020-06-16 - SIGNED CHAP.105 [A08674 Detail]

Download: New_York-2019-A08674-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8674

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    October 23, 2019
                                       ___________

        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Governmental Operations

        AN  ACT  to amend the executive law, in relation to the use of body-worn
          cameras by New York state police officers

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York state police body-worn cameras program".
     3    § 2. The executive law is amended by adding a new section 234 to  read
     4  as follows:
     5    §  234.  New York state police body-worn cameras program. 1.  There is
     6  hereby created within the division of state  police  a  New  York  state
     7  police  body-worn  cameras  program.  The  purpose  of the program is to
     8  increase accountability and evidence for law enforcement and  the  resi-
     9  dents  of  the  state by providing body-worn cameras to all state police
    10  officers while on  patrol,  including  the  New  York  state  university
    11  police.
    12    2. The division of state police shall provide body-worn cameras, to be
    13  worn  by  officers  at  all times, while on patrol.   Such cameras shall
    14  record:
    15    (a) immediately before an officer exits a patrol vehicle  to  interact
    16  with  a  person or situation, even if there is a dash camera inside such
    17  vehicle which might also be recording the interaction;
    18    (b) all uses of force, including any physical aggression and use of  a
    19  non-lethal or lethal weapon;
    20    (c) all arrests and summonses;
    21    (d) all interactions with people suspected of criminal activity;
    22    (e) all searches of persons and property;
    23    (f) any call to a crime in progress;
    24    (g) investigative actions where there are interactions with members of
    25  the public;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13695-01-9
        A. 8674                             2

     1    (h) any interaction with an emotionally disturbed person; and
     2    (i)  any instances where officers feel any imminent danger or the need
     3  to document their time on duty.
     4    3. The attorney general shall  investigate  any  instance  where  body
     5  cameras fail to record an event pursuant to this section.
     6    4. At the discretion of the officer, body-worn cameras may not record:
     7    (a) sensitive encounters, including but not limited to speaking with a
     8  confidential informant, or conducting a strip search; or
     9    (b)  when  a  member  of  the public asks such officer to turn off the
    10  camera; provided, however, such officer may continue recording if he  or
    11  she thinks a record of that interaction should be generated.
    12    5.  The  division  of  state  police shall preserve recordings of such
    13  body-worn cameras and perform all upkeep on equipment used in such body-
    14  worn cameras. Such duties shall include:
    15    (a) creating a secure record of all instances where there is  recorded
    16  video or audio footage;
    17    (b)  ensuring  officers  have  sufficient  storage  capacity  on their
    18  cameras to allow for the recording  of  interactions  required  by  this
    19  section; and
    20    (c) ensuring officers have access to body-worn cameras for the record-
    21  ing of instances required by this section.
    22    §  3.  This  act shall take effect on the ninetieth day after it shall
    23  have become a law.