Bill Text: NY A08674 | 2019-2020 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8674--A 2019-2020 Regular Sessions IN ASSEMBLY October 23, 2019 ___________ Introduced by M. of A. WALKER, RICHARDSON, RODRIGUEZ, BLAKE, MOSLEY -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 11 2. The division of state police shall provide body-worn cameras, to be 12 worn by officers at all times, while on patrol. Such cameras shall 13 record: 14 (a) immediately before an officer exits a patrol vehicle to interact 15 with a person or situation, even if there is a dash camera inside such 16 vehicle which might also be recording the interaction; 17 (b) all uses of force, including any physical aggression and use of a 18 non-lethal or lethal weapon; 19 (c) all arrests and summonses; 20 (d) all interactions with people suspected of criminal activity; 21 (e) all searches of persons and property; 22 (f) any call to a crime in progress; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13695-06-0A. 8674--A 2 1 (g) investigative actions where there are interactions with members of 2 the public; 3 (h) any interaction with an emotionally disturbed person; and 4 (i) any instances where officers feel any imminent danger or the need 5 to document their time on duty. 6 3. The attorney general may investigate any instance where body 7 cameras fail to record an event pursuant to this section. 8 4. At the discretion of the officer, body-worn cameras may not record: 9 (a) sensitive encounters, including but not limited to speaking with a 10 confidential informant, or conducting a strip search; or 11 (b) when a member of the public asks such officer to turn off the 12 camera; provided, however, such officer may continue recording if he or 13 she thinks a record of that interaction should be generated. 14 5. The division of state police shall preserve recordings of such 15 body-worn cameras and perform all upkeep on equipment used in such body- 16 worn cameras. Such duties shall include: 17 (a) creating a secure record of all instances where there is recorded 18 video or audio footage; 19 (b) ensuring officers have sufficient storage capacity on their 20 cameras to allow for the recording of interactions required by this 21 section; and 22 (c) ensuring officers have access to body-worn cameras for the record- 23 ing of instances required by this section. 24 § 3. This act shall take effect on the first of April next succeeding 25 the date on which it shall have become a law. Effective immediately, the 26 addition, amendment and/or repeal of any rule or regulation necessary 27 for the implementation of this act on its effective date are authorized 28 to be made and completed on or before such effective date.