senate Bill S6796A

Establishes a voluntary surveillance access database

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Mar / 2012
    • REFERRED TO FINANCE
  • 22 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 22 / May / 2012
    • PRINT NUMBER 6796A
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1243
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Establishes a voluntary surveillance access database where residential homeowners and business owners may elect to have information and/or images obtained from their closed-circuit television or other electronic surveillance systems made available to law enforcement agencies.

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Bill Details

Versions:
S6796
S6796A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง718, Exec L

Sponsor Memo

BILL NUMBER:S6796A

TITLE OF BILL:
An act
to amend the executive law, in relation to establishing a voluntary
surveillance access database

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to authorize the New York State Division of
Homeland Security and Emergency Services to establish and maintain a
confidential database that can help law enforcement agencies after a
crime has been committed.

SUMMARY OF SPECIFIC PROVISIONS:
Establishing a new section 718 to the executive law that will be
voluntary, confidential, and accessible to law enforcement agencies
upon request. Residential home owners and business owners will have
the option registering the location of surveillance cameras along
with the contact name and information of the owner of such equipment.

JUSTIFICATION:
Law enforcement agencies will have the ability to find locations of
privately owned surveillance cameras in a specific area in response
to a criminal investigation. After a crime has been committed,
detectives usually have to go door to door in order to find out who
has surveillance cameras, this method can be time consuming and
differences in many surveillance systems can cause evidence to be
erased or recorded over if not detected in time. Residents are only
registering their surveillance system locations. They are under no
obligation to make those images available and can withdraw from the
database at any time. The database is confidential and shall not be
made available for disclosure or inspection under the state freedom
of information law unless a subpoena or other court order directs the
owner to release such information or image.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made ad completed on
or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6796--A

                            I N  S E N A T E

                             March 22, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the executive law, in relation to establishing a volun-
  tary surveillance access database

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 718 to
read as follows:
  S  718.  VOLUNTARY SURVEILLANCE ACCESS DATABASE. 1. THE DIVISION SHALL
ESTABLISH A VOLUNTARY SURVEILLANCE ACCESS DATABASE TO BE  MADE  ACCESSI-
BLE,  UPON  REQUEST, TO ANY LAW ENFORCEMENT AGENCY FOR CRIMINAL INVESTI-
GATIVE PURPOSES.
  2. RESIDENTIAL HOME OWNERS AND BUSINESS OWNERS WHO MAINTAIN A  CLOSED-
CIRCUIT  TELEVISION OR OTHER ELECTRONIC SURVEILLANCE SYSTEM MAY ELECT TO
MAKE SUCH INFORMATION AND/OR IMAGES OBTAINED FROM SUCH SYSTEM  AVAILABLE
TO  LAW  ENFORCEMENT  AGENCIES THROUGH SUCH DATABASE; PROVIDED, HOWEVER,
SUCH LAW ENFORCEMENT AGENCY SHALL OBTAIN SUCH OWNER'S PERMISSION,  PRIOR
TO  EACH  INSTANCE  IN  WHICH SUCH AGENCY SEEKS TO OBTAIN ACCESS TO SUCH
OWNER'S SURVEILLANCE SYSTEM.  SUCH OWNERS MAY WITHDRAW FROM THE DATABASE
AT ANY TIME.
  3. ANY INFORMATION OR IMAGE OBTAINED FROM SUCH DATABASE SHALL BE  KEPT
CONFIDENTIAL   AND  SHALL  NOT  BE  MADE  AVAILABLE  FOR  DISCLOSURE  OR
INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW UNLESS A  SUBPOENA
OR  OTHER  COURT  ORDER DIRECTS THE OWNER TO RELEASE SUCH INFORMATION OR
IMAGE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14235-06-2

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