Senate Bill S416

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    416
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. GIANARIS, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, PARK-
   ER, SALAZAR, SEPULVEDA -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Finance
 
 AN  ACT  to  amend  the executive law, in relation to enacting the "keep
   police radio public act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "keep
 police radio public act".
   § 2. The executive law is amended by adding a  new  section  222-a  to
 read as follows:
   §  222-A.  LAW  ENFORCEMENT COMMUNICATIONS PUBLIC ACCESS.   1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "EMERGENCY SERVICES ORGANIZATION" MEANS A PUBLIC OR PRIVATE AGEN-
 CY, VOLUNTARY ORGANIZATION OR GROUP ORGANIZED AND  FUNCTIONING  FOR  THE
 PURPOSE  OF PROVIDING FIRE, MEDICAL, AMBULANCE, RESCUE, HOUSING, FOOD OR
 OTHER SERVICES DIRECTED TOWARD RELIEVING HUMAN SUFFERING, INJURY OR LOSS
 OF LIFE OR DAMAGE TO PROPERTY AS A RESULT  OF  AN  EMERGENCY,  INCLUDING
 NON-PROFIT  AND  GOVERNMENTALLY-SUPPORTED  ORGANIZATIONS,  BUT EXCLUDING
 GOVERNMENTAL AGENCIES.
   (B) "ENCRYPTION" MEANS THE  ENCODING  OF  VOICE  COMMUNICATION  ON  AN
 ANALOG  OR DIGITALLY MODULATED RADIO CARRIER, WHICH RENDERS THE COMMUNI-
 CATION DIFFICULT OR IMPOSSIBLE TO BE MONITORED BY COMMERCIALLY AVAILABLE
 RADIO RECEIVERS OR SCANNERS.
   (C) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY  OR  DEPARTMENT  OF  ANY
 MUNICIPALITY,  ANY  POLICE  DISTRICT, OR ANY AGENCY, DEPARTMENT, COMMIS-
 SION, AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE OF  NEW  YORK
 EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00736-01-5
 S. 416                              2
 
   (D) "RADIO COMMUNICATIONS" MEANS VERBAL COMMUNICATIONS THAT ARE BROAD-
 CAST  OVER  A  RADIO  FREQUENCY  EITHER  FROM A DISPATCH CENTER TO FIELD
 PERSONNEL, FROM FIELD PERSONNEL TO A DISPATCH CENTER, OR  BETWEEN  FIELD
 PERSONNEL,  AND ARE ACCESSIBLE TO ALL PERSONNEL MONITORING THAT FREQUEN-
 CY.  "RADIO  COMMUNICATIONS"  DOES  NOT  INCLUDE  PRIVATE COMMUNICATIONS
 BETWEEN TWO DEVICES, SUCH AS A CELLULAR TELEPHONE, OR THE TRANSMITTAL OF
 DATA TO OR FROM A MOBILE DATA TERMINAL, TABLET, TEXT  MESSAGING  DEVICE,
 OR SIMILAR DEVICE.
   (E) "SENSITIVE INFORMATION" MEANS ANY PORTION OF A RADIO COMMUNICATION
 THAT, IF DISCLOSED, WOULD:
   I.  DEPRIVE  A  PERSON OF A RIGHT TO A FAIR TRIAL OR IMPARTIAL ADJUDI-
 CATION;
   II. IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE  CONFIDENTIAL  INFORMA-
 TION RELATING TO A CRIMINAL INVESTIGATION; AND
   III.  REVEAL  CRIMINAL  INVESTIGATIVE TECHNIQUES OR PROCEDURES, EXCEPT
 ROUTINE TECHNIQUES AND PROCEDURES.
   2. ANY LAW ENFORCEMENT AGENCY IN THE STATE THAT ENCRYPTS  ANY  PORTION
 OF  ITS RADIO COMMUNICATIONS SHALL ENSURE THAT ALL RADIO COMMUNICATIONS,
 WITH THE EXCEPTION OF SENSITIVE INFORMATION,  ARE  ACCESSIBLE,  IN  REAL
 TIME,  TO  EMERGENCY SERVICES ORGANIZATIONS AND PROFESSIONAL JOURNALISTS
 AS DEFINED IN SECTION SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.    IN  THE
 EVENT  THAT  A  LAW ENFORCEMENT AGENCY DOES ENCRYPT RADIO COMMUNICATIONS
 PURSUANT TO THIS SUBDIVISION, THE DEPARTMENT OF  STATE  SHALL,  FOR  THE
 PURPOSE OF VERIFYING CREDENTIALS, ESTABLISH AND ADMINISTER A PROCESS FOR
 GRANTING  REAL-TIME ACCESS TO RADIO COMMUNICATIONS TO EMERGENCY SERVICES
 ORGANIZATIONS AND TO PROFESSIONAL  JOURNALISTS.    SUCH  A  PROCESS  FOR
 GRANTING ACCESS SHALL TAKE NO MORE THAN FIVE BUSINESS DAYS TO COMPLETE.
   3.  THE  DEPARTMENT  OF  STATE SHALL PROMULGATE RULES, REGULATIONS AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.