Bill Text: NY S06686 | 2019-2020 | General Assembly | Amended

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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 including state university police officers.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-06-05 - PRINT NUMBER 6686A [S06686 Detail]

Download: New_York-2019-S06686-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6686--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    September 4, 2019
                                       ___________

        Introduced  by  Sens. PARKER, COMRIE, JACKSON, KRUEGER, LIU, MONTGOMERY,
          MYRIE, SALAZAR, SEPULVEDA -- read twice and ordered printed, and  when
          printed  to  be  committed to the Committee on Rules -- recommitted to
          the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
          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,  including  the  New  York state university
    11  police.
    12    2. The division of state police shall provide body-worn cameras, to be
    13  worn by officers at all times, while on  patrol.    Such  cameras  shall
    14  record:
    15    (a)  immediately  before an officer exits a patrol vehicle to interact
    16  with a person or situation, even if there is a dash camera  inside  such
    17  vehicle which might also be recording the interaction;
    18    (b)  all uses of force, including any physical aggression and use of a
    19  non-lethal or lethal weapon;
    20    (c) all arrests and summonses;
    21    (d) all interactions with people suspected of criminal activity;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13695-02-0
        S. 6686--A                          2

     1    (e) all searches of persons and property;
     2    (f) any call to a crime in progress;
     3    (g) investigative actions where there are interactions with members of
     4  the public;
     5    (h) any interaction with an emotionally disturbed person; and
     6    (i)  any instances where officers feel any imminent danger or the need
     7  to document their time on duty.
     8    3. The internal affairs department of the  division  of  state  police
     9  shall  investigate  any  instance  where  body cameras fail to record an
    10  event pursuant to this section.
    11    4. At the discretion of the officer, body-worn cameras may not record:
    12    (a) sensitive encounters, including but not limited to speaking with a
    13  confidential informant, or conducting a strip search;
    14    (b) when a member of the public asks such  officer  to  turn  off  the
    15  camera;  provided, however, such officer may continue recording if he or
    16  she thinks a record of that interaction should be generated; or
    17    (c) when the officer is  in  a  courtroom  or  reporting  to  a  court
    18  summons.
    19    5.  (a) The division of state police shall preserve recordings of such
    20  body-worn cameras for three years from the date of  such  recording  and
    21  perform  all  upkeep  on  equipment used in such body-worn cameras. Such
    22  duties shall include:
    23    (i) creating a secure record of all instances where there is  recorded
    24  video or audio footage;
    25    (ii)  ensuring  officers  have  sufficient  storage  capacity on their
    26  cameras to allow for the recording  of  interactions  required  by  this
    27  section; and
    28    (iii)  ensuring  officers  have  access  to  body-worn cameras for the
    29  recording of instances required by this section.
    30    (b) Recordings shall be stored for longer  than  three  years  if  the
    31  video or audio footage is evidence in any existing investigation.
    32    §  3.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law.