S T A T E O F N E W Y O R K
________________________________________________________________________
419
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Mental Health and
Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring
surveillance cameras in transport vehicles for people receiving
services from the office for people with developmental disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
16.25 to read as follows:
S 16.25 VEHICLE SURVEILLANCE CAMERAS.
THE COMMISSIONER SHALL ADOPT REGULATIONS REQUIRING THE USE OF ONE OR
MORE VIDEO SURVEILLANCE CAMERAS WITH SOUND CAPABILITIES IN ALL VEHICLES
USED FOR THE PRIMARY PURPOSE OF TRANSPORTING SERVICE RECIPIENTS TO
PROGRAMMING, ACTIVITIES OR SERVICES BY FACILITIES, PROVIDERS AND
PROGRAMS OPERATED, LICENSED, CERTIFIED, AUTHORIZED OR FUNDED BY THE
OFFICE. FACILITIES, PROVIDERS OR PROGRAMS MAY ONLY TRANSPORT A SERVICE
RECIPIENT IN A VEHICLE WITHOUT SURVEILLANCE CAMERAS IN EMERGENCY CIRCUM-
STANCES WHEN SUCH A VEHICLE WITH SURVEILLANCE CAMERAS IS UNAVAILABLE AND
LACK OF TRANSPORTATION MAY AFFECT THE HEALTH OR SAFETY OF A SERVICE
RECIPIENT. REGULATIONS SHALL SPECIFY THE PERIOD OF TIME FOR WHICH SUCH
RECORDINGS SHALL BE MAINTAINED AND STORED, WHICH SHALL BE NO LESS THAN
FIVE YEARS FROM THE DATE OF CREATION, AND SHALL OUTLINE THE MANNER IN
WHICH RECORDINGS SHALL BE MAINTAINED AND STORED. REGULATIONS SHALL ALSO
REQUIRE THAT THE FIELD OF OBSERVATION OF SUCH SURVEILLANCE CAMERA OR
CAMERAS COVER THE ENTIRETY OF THE INTERIOR OF THE TRANSPORTATION VEHI-
CLE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02386-01-5