Bill Text: NY S03139 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the discoverability of recordings found on police body cameras and vehicle cameras; establishes Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film, and Photographs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S03139 Detail]

Download: New_York-2019-S03139-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3139
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed 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 and estab-
          lishing the Panel of Experts on the Use  and  Disclosure  of  Recorded
          Video, Digital Audio, Film and Photographs
          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, or all recordings found on a  police  or  peace
     7  officer's body camera and/or camera installed in a police or peace offi-
     8  cer's  vehicle,  including transcripts or memoranda thereof, involving a
     9  person referred to in paragraph one of subdivision (a) of this  section.
    10  There  shall  be  disclosure of all portions of such material, including
    11  out-takes, rather than only those portions a party intends to  use.  The
    12  provisions of this subdivision shall not apply to materials compiled for
    13  law  enforcement purposes which are exempt from disclosure under section
    14  eighty-seven of the public officers law.
    15    § 2. Paragraph (g) of subdivision 1 of section 240.20 of the  criminal
    16  procedure  law,  as  amended  by chapter 558 of the laws of 1982, and as
    17  relettered by chapter 795 of the laws of 1984, is  amended  to  read  as
    18  follows:
    19    (g)    Any  tapes  or other electronic recordings which the prosecutor
    20  intends to introduce at trial, irrespective of  whether  such  recording
    21  was  made  during  the course of the criminal transaction, including all
    22  recordings found on a police  or  peace  officer's  body  camera  and/or
    23  camera installed in a police or peace officer's vehicle;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06675-01-9
        S. 3139                             2
     1    §  3.    a.  The attorney general shall establish a panel entitled the
     2  "Panel of Experts on the Use and Disclosure of Recorded  Video,  Digital
     3  Audio,  Film  and  Photographs".  The panel shall consist of at least 15
     4  members selected by the attorney general and appointed from the  follow-
     5  ing fields:
     6    (1)  attorneys practicing or having practiced in the field of criminal
     7  defense;
     8    (2) former police officers;
     9    (3) former district attorneys;
    10    (4) public advocates;
    11    (5) attorneys practicing or having practiced in  the  field  of  civil
    12  rights;
    13    (6) experts in videography; and
    14    (7) experts in digital audio recording.
    15    b.  The  panel shall develop and propose statewide uniform regulations
    16  and rules regarding the use and disclosure of:
    17    (1) all content from body cameras or any recording device  worn  by  a
    18  police  officer  or  peace  officer  during  the execution of his or her
    19  duties, including, but not limited to, recordings,  films,  photographs,
    20  videotapes and/or audiotapes; and
    21    (2) all content from cameras or recording devices used at any facility
    22  by  police  officers  or  peace  officers  during the execution of their
    23  duties.
    24    c. All state, county, city and town law enforcement departments  shall
    25  adopt as their standard operating procedures the statewide uniform regu-
    26  lations and rules proposed by the panel within ninety days of the final-
    27  ization of such operating procedures.
    28    § 4. This act shall take effect immediately.