Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 06, 2016 | amend and recommit to rules 10387a |
Jun 06, 2016 | reported referred to rules |
May 25, 2016 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Bill Amendments
Co-Sponsors
Luis R. Sepúlveda
A10387 - Details
A10387 - Summary
Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.
A10387 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10387 I N A S S E M B L Y May 25, 2016 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Codes AN ACT to amend the civil rights law, in relation to recording certain law enforcement activities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 79-o to read as follows: S 79-O. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY OFFI- CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE- MENT ACTIVITY; (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING UNDER THE COLOR OF LAW; AND (C) "RECORD" MEANS TO CAPTURE OR ATTEMPT TO CAPTURE ANY MOVING OR STILL IMAGE, SOUND, OR IMPRESSION THROUGH THE USE OF ANY RECORDING DEVICE, CAMERA, OR ANY OTHER DEVICE CAPABLE OF CAPTURING AUDIO, MOVING OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS. 2. RIGHT TO RECORD LAW ENFORCEMENT RELATED ACTIVITIES. A PERSON NOT UNDER ARREST OR IN THE CUSTODY OF A LAW ENFORCEMENT OFFICIAL HAS THE RIGHT TO RECORD LAW ENFORCEMENT ACTIVITY AND TO MAINTAIN CUSTODY AND CONTROL OF THAT RECORDING AND OF ANY PROPERTY OR INSTRUMENTS USED BY THAT PERSON TO RECORD LAW ENFORCEMENT ACTIVITIES, PROVIDED, HOWEVER, THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE, FORFEIT THE RIGHT TO HAVE ANY SUCH RECORDINGS, PROPERTY AND EQUIPMENT MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT A PERSON TO ENGAGE IN ACTIONS THAT PHYSICALLY INTERFERE WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A CRIME DEFINED IN THE PENAL LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMINIS- TRATION. 3. PRIVATE RIGHT OF ACTION. (A) A CLAIM OF UNLAWFUL INTERFERENCE WITH RECORDING A LAW ENFORCEMENT ACTIVITY IS ESTABLISHED UNDER THIS SECTION WHEN A PERSON DEMONSTRATES THAT HE OR SHE EXERCISED OR ATTEMPTED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Luis R. Sepúlveda
A10387A (ACTIVE) - Details
A10387A (ACTIVE) - Summary
Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.
A10387A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10387--A I N A S S E M B L Y May 25, 2016 ___________ Introduced by M. of A. PERRY, SEPULVEDA -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the civil rights law, in relation to recording certain law enforcement activities 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 "New Yorker's right to monitor act". S 2. The civil rights law is amended by adding a new section 79-o to read as follows: S 79-O. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY OFFI- CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE- MENT ACTIVITY; (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING UNDER THE COLOR OF LAW; AND (C) "RECORD" MEANS TO CAPTURE OR ATTEMPT TO CAPTURE ANY MOVING OR STILL IMAGE, SOUND, OR IMPRESSION THROUGH THE USE OF ANY RECORDING DEVICE, CAMERA, OR ANY OTHER DEVICE CAPABLE OF CAPTURING AUDIO, MOVING OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS. 2. RIGHT TO RECORD LAW ENFORCEMENT RELATED ACTIVITIES. A PERSON NOT UNDER ARREST OR IN THE CUSTODY OF A LAW ENFORCEMENT OFFICIAL HAS THE RIGHT TO RECORD LAW ENFORCEMENT ACTIVITY AND TO MAINTAIN CUSTODY AND CONTROL OF THAT RECORDING AND OF ANY PROPERTY OR INSTRUMENTS USED BY THAT PERSON TO RECORD LAW ENFORCEMENT ACTIVITIES, PROVIDED, HOWEVER, THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE, FORFEIT THE RIGHT TO HAVE ANY SUCH RECORDINGS, PROPERTY AND EQUIPMENT MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT A PERSON TO ENGAGE IN ACTIONS THAT PHYSICALLY INTERFERE WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A CRIME EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15592-03-6