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

                                  6735

                            I N  S E N A T E

                            February 11, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to photographing or recording
  a law enforcement officer

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

  Section  1. Section 195.05 of the penal law, as amended by chapter 269
of the laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
  1. A person is guilty of obstructing  governmental  administration  IN
THE  SECOND  DEGREE when he intentionally obstructs, impairs or perverts
the administration of law or other governmental function or prevents  or
attempts  to  prevent a public servant from performing an official func-
tion, by means of intimidation, physical force or  interference,  or  by
means  of  any  independently  unlawful act, or by means of interfering,
whether or not physical force is involved, with radio, telephone,  tele-
vision  or  other  telecommunications  systems  owned or operated by the
state, or a county, city, town,  village,  fire  district  or  emergency
medical  service  or  by  means  of  releasing  a dangerous animal under
circumstances evincing the  actor's  intent  that  the  animal  obstruct
governmental administration.
  2.  A  PERSON  IS  PERMITTED  TO EXERCISE THEIR RIGHT TO PHOTOGRAPH OR
RECORD A LAW ENFORCEMENT OFFICER PERFORMING THEIR DUTIES WHILE THE OFFI-
CER IS IN A PUBLIC PLACE OR PUBLIC VIEW, OR THE PERSON IS IN  A  PRIVATE
PLACE THE PERSON HAS THE RIGHT TO BE.
  (A) IF SUCH PHOTOGRAPHY OR RECORDING OCCURS, AN OFFICER SHALL NOT:
  (I)  INTENTIONALLY HINDER, PREVENT, OR OBSTRUCT THE PERSON FROM TAKING
A PHOTOGRAPH OR MAKING A RECORDING;
  (II) DETAIN, ARREST, THREATEN, INTIMIDATE, OR  OTHERWISE  HARASS  SUCH
PERSON;
  (III)  SEARCH  OR  SEIZE  THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
TAKE THE PHOTOGRAPH OR MAKE THE RECORDING WITHOUT SUCH PERSON'S  PERMIS-
SION OR A WARRANT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14016-01-6
              

S. 6735                             2

  (IV)  DAMAGE  OR  DESTROY THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
TAKE THE PHOTOGRAPH OR MAKE THE RECORDING.
  (B)  THIS  SUBDIVISION SHALL NOT APPLY TO A PERSON IF AN OFFICER IS IN
THE ACT OF PLACING SUCH PERSON UNDER  ARREST  OR  THE  PERSON  IS  UNDER
ARREST.
  (C)  IF AN OFFICER VIOLATES THIS SUBDIVISION, SUCH PERSON SHALL HAVE A
CIVIL CAUSE OF ACTION AGAINST THE OFFICER AND THE OFFICER'S LAW ENFORCE-
MENT AGENCY.
  Obstructing governmental administration IN  THE  SECOND  DEGREE  is  a
class A misdemeanor.
  S 2. This act shall take effect immediately.