Bill Text: NY S06735 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to permitting the photographing or recording of a law enforcement officer as long as such person isn't under arrest; outlines unlawful retaliatory measures by law enforcement for such photography or recording.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-11 - REFERRED TO CODES [S06735 Detail]
Download: New_York-2015-S06735-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6735 IN SENATE February 11, 2016 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to photographing or recording a law enforcement officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 195.05 of the penal law, as amended by chapter 269 2 of the laws of 1998, is amended to read as follows: 3 § 195.05 Obstructing governmental administration in the second degree. 4 1. A person is guilty of obstructing governmental administration in 5 the second degree when he intentionally obstructs, impairs or perverts 6 the administration of law or other governmental function or prevents or 7 attempts to prevent a public servant from performing an official func- 8 tion, by means of intimidation, physical force or interference, or by 9 means of any independently unlawful act, or by means of interfering, 10 whether or not physical force is involved, with radio, telephone, tele- 11 vision or other telecommunications systems owned or operated by the 12 state, or a county, city, town, village, fire district or emergency 13 medical service or by means of releasing a dangerous animal under 14 circumstances evincing the actor's intent that the animal obstruct 15 governmental administration. 16 2. A person is permitted to exercise their right to photograph or 17 record a law enforcement officer performing their duties while the offi- 18 cer is in a public place or public view, or the person is in a private 19 place the person has the right to be. 20 (a) If such photography or recording occurs, an officer shall not: 21 (i) intentionally hinder, prevent, or obstruct the person from taking 22 a photograph or making a recording; 23 (ii) detain, arrest, threaten, intimidate, or otherwise harass such 24 person; 25 (iii) search or seize the photograph, recording, or device used to 26 take the photograph or make the recording without such person's permis- 27 sion or a warrant; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14016-01-6