Bill Text: NY S04154 | 2023-2024 | General Assembly | Introduced

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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 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04154 Detail]

Download: New_York-2023-S04154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4154

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07861-01-3
        S. 4154                             2

     1    (iii)  search  or  seize  the photograph, recording, or device used to
     2  take the photograph or make the recording without such person's  permis-
     3  sion or a warrant; or
     4    (iv)  damage  or  destroy the photograph, recording, or device used to
     5  take the photograph or make the recording.
     6    (b) This subdivision shall not apply to a person if an officer  is  in
     7  the  act  of  placing  such  person  under arrest or the person is under
     8  arrest.
     9    (c) If an officer violates this subdivision, such person shall have  a
    10  civil cause of action against the officer and the officer's law enforce-
    11  ment agency.
    12    Obstructing  governmental  administration  in  the  second degree is a
    13  class A misdemeanor.
    14    § 2. This act shall take effect immediately.