Enacts the "keep police radio public act"; ensures that, except for sensitive information, all radio communications are accessible to emergency services organizations and professional journalists.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3516
SPONSOR: Reyes
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "keep
police radio public act"
 
PURPOSE OF BILL:
This bill ensures that emergency services organizations and members of
the press maintain real-time access to law enforcement radio communi-
cations.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section two amends the executive law by adding a new section 222-a which
defines relevant terms, and states that any law enforcement agency in
the state that chooses to encrypt its radio communications shall ensure
that members of the press and emergency services organizations maintain
real-time access to the communications.
Section three sets the effective date.
 
JUSTIFICATION:
Across the nation, law enforcement agencies have slowly begun encrypting
their radio transmissions. This move not only prevents the public from
having access to important information about police activity, but
dangerously inhibits news organizations from tracking and reporting on
police actions. The public has a right to transparency of its law
enforcement agencies. Though agencies may need to at times protect
sensitive information that may be conveyed over the course of these
communications, a balance can be struck. This bill responds to the
recent uptick in police radio encryptions by requiring law enforcement
agencies that encrypt any part of their radio communications to continue
granting real-time access to members of the press and emergency services
organizations, with an exception made for communications containing
sensitive information. Similar initiatives to keep police radio trans-
missions public have been proposed in California and enacted in Colora-
do.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024 - Amend and Recommit to Governmental Operations
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.