Bill Text: NY S00727 | 2021-2022 | General Assembly | Amended

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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 3-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S00727 Detail]

Download: New_York-2021-S00727-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         727--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  MYRIE,  COMRIE, HOYLMAN -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02338-08-1
        S. 727--B                           2

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