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A01685 Summary:

BILL NOA01685A
 
SAME ASSAME AS S03398-A
 
SPONSORQuart (MS)
 
COSPNSRBichotte, Buchwald, Kim, Dilan, Benedetto, Blake, Epstein, Gottfried, Reyes, Hunter, Hyndman, Joyner
 
MLTSPNSR
 
Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L; amd §§160.50, 160.55, 160.58 & 160.59, CP L
 
Excludes video camera recordings from cameras worn or used by police from being included as personnel records; makes certain records available to independent review boards investigating allegations of police or law enforcement misconduct.
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A01685 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1685A
 
SPONSOR: Quart (MS)
  TITLE OF BILL: An act to amend the civil rights law and the public officers law, in relation to excluding video camera recordings from cameras worn or used by police from being included as personnel records; and to amend the criminal procedure law, in relation to making certain records available to independent review boards investigating allegations of police or law enforcement misconduct   PURPOSE: Clarifies that recordings made by body cameras worn by police officers, among other recordings made by public safety officials, are not consid- ered personnel records pursuant to section 50-a of the Civil Rights Law, and are thus subject to the Freedom of Information Law (FOIL).   SUMMARY OF PROVISIONS: Section 1: Section 50-a of the civil rights law is amended by adding a new subdivision 5 that: *Excludes recordings made of police officers, firefighters and other public safety officials in the course of duty, including, but not limit- ed to recordings made by body cameras worn by an officer, as well as the metadata from those recordings, from protection as personnel records under section 50-a of New York's Civil Rights Law. *Redacts all identifying details of all persons in a publicly released recording, including but not limited to facial features and voices. *Maintains all existing rights litigants in a civil or criminal action to access recordings or the metadata from those recordings. *Maintains all existing rights to use recordings or the metadata from those recordings for personnel decisions. *Permits anyone who requests a recording, as specified in this subdivi- sion, under FOIL to also request any agency records necessary to identi- fy any officer in the recording. Section 2: Section 50-a of the civil rights law is amended by adding a new subdivision 2 that: *Specifically defines the term "recording," as used in this chapter. Section 3: Paragraph (c) of subdivision 2 of section 89 of the public officers law is amended by: *Stating that disclosure shall not be construed to constitute an unwar- ranted invasion of personal privacy when identifying details redacted. Section 3: establishes and defines privacy rights under these proce- dures. Sections 4, 5, 6, and 7: modify the criminal procedure law to establish who has access to such records, including an independent review board investigating police misconduct. Section 8 Establishes that this act shall take effect immediately.   EXISTING LAW:   JUSTIFICATION: Police body cameras, as well as other recording devices used by on-duty public safety officials, provide protection for officers and citizens alike. As the implementation of such recording devices continues, it is important that current law keep pace with such technology. Section 50-a of the Civil Rights Law effectively excludes personnel records from FOIL requests. According to the Committee on Open Government, a broad inter- pretation of the term personnel records could include body camera footage, therefore preventing public disclosure of such recordings. This bill clarifies that body camera recordings, among other recordings made by public safety officials, are not considered personnel records under section 50-a. Thus, this legislation ensures that body camera recordings, as well as the metadata from such recordings, should be subject to FOIL. The bill also ensures that independent bodies investi- gating police or law enforcement misconduct shall have access to such recordings. By placing body camera recordings within the standard FOIL process while also mandating the redaction of all identifying details present in a given video, the bill balances the need for greater trans- parency in the everyday encounters between police officers and members of the public with a necessary commitment to privacy protections.   LEGISLATIVE HISTORY: 2017-2018: A4268 2015-2016: A8368   FISCAL IMPLICATIONS: None   LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediate.
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