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S08493 Summary:

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S08493 Memo:

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S08493 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8493
 
                    IN SENATE
 
                                      June 6, 2020
                                       ___________
 
        Introduced  by  Sens.  PARKER, BAILEY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
 
        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;
    23    (g) investigative actions where there are interactions with members of
    24  the public;
    25    (h) any interaction with an emotionally disturbed person; and
    26    (i)  any instances where officers feel any imminent danger or the need
    27  to document their time on duty.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13695-08-0
        S. 8493                             2
 
     1    3. The attorney  general  may  investigate  any  instance  where  body
     2  cameras fail to record an event pursuant to this section.
     3    4. At the discretion of the officer, body-worn cameras may not record:
     4    (a) sensitive encounters, including but not limited to speaking with a
     5  confidential informant, or conducting a strip search; or
     6    (b)  when  a  member  of  the public asks such officer to turn off the
     7  camera; provided, however, such officer may continue recording if he  or
     8  she thinks a record of that interaction should be generated.
     9    5.  The  division  of  state  police shall preserve recordings of such
    10  body-worn cameras and perform all upkeep on equipment used in such body-
    11  worn cameras. Such duties shall include:
    12    (a) creating a secure record of all instances where there is  recorded
    13  video or audio footage;
    14    (b)  ensuring  officers  have  sufficient  storage  capacity  on their
    15  cameras to allow for the recording  of  interactions  required  by  this
    16  section; and
    17    (c) ensuring officers have access to body-worn cameras for the record-
    18  ing of instances required by this section.
    19    §  3. This act shall take effect on the first of April next succeeding
    20  the date on which it shall have become a law. Effective immediately, the
    21  addition, amendment and/or repeal of any rule  or  regulation  necessary
    22  for  the implementation of this act on its effective date are authorized
    23  to be made and completed on or before such effective date.