Bill Text: NY A10624 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 10624 (Prior Session Legislation)

Introduced

Bill Title: Requires arrests be recorded or else such arrest is void and the defendant is discharged.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-06-10 - referred to codes [A10624 Detail]

Download: New_York-2019-A10624-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          10624

                   IN ASSEMBLY

                                      June 10, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Carroll) --
          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.
                                                                   LBD16626-01-0