S T A T E O F N E W Y O R K
________________________________________________________________________
1648
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Codes
AN ACT to require the commissioner of police of a city having a popu-
lation of one million or more persons to institute a demonstration
program requiring the use of video recording devices which shall be
worn as part of the required uniform of law enforcement personnel; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. In a city having a population of one million or more
persons, the commissioner of police shall institute a demonstration
program and formulate and adopt rules and procedures requiring the use
of video recording devices which shall be worn as part of the required
uniform of law enforcement personnel. Such use shall be required for the
duration of a four year demonstration program which shall be implemented
citywide. The commissioner of police shall consult with a panel as
described herein to develop a process and schedule for precincts to be
selected for participation and to establish the required capabilities of
the recording devices. Such panel shall be limited to any agency or
municipal or state department of competent jurisdiction and no less than
three but no more than five not-for-profit organizations whose mission
includes the protection of civil rights and criminal justice reform.
S 2. During the first phase of the demonstration program, commencing
on October 1, 2016, at least twenty-five percent of all law enforcement
precincts in each such city shall be required to participate in the
demonstration program, provided, however, that the first phase shall
include those precincts with arrest rates higher than the countywide
average for the county in which they are located. By October 1, 2017,
fifty percent of all law enforcement precincts in each such city shall
be required to participate in the demonstration program and by October
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04743-01-5
A. 1648 2
1, 2018, all law enforcement precincts in each such city shall be
required to participate in the demonstration program.
S 3. No later than August first of each year during the demonstration
program, the commissioner of police shall provide to the mayor, the
local governing body, the office of the public advocate and the members
of the state legislature a summary of the precincts that have been
selected to participate in each phase. Such summary shall include
historical data for each precinct, including arrest and demographic data
for the covered communities, demographic data for the police depart-
ment's personnel, statistical summaries of any and all civilian
complaints filed against each precinct and/or its police officers and
data detailing any civil legal costs attributed to each precinct during
the preceding 24 month period.
S 4. The video recording devices required by this act shall be random-
ly assigned to the police officers at participating precincts at the
start of each shift. At least twenty percent of police officers on duty
for each shift shall be required to wear the devices. The police offi-
cers to whom the devices are assigned shall be required to turn on and
maintain operation of the device during any interaction with a civilian
while on duty. The commissioner of police shall establish any rules
necessary to effectuate the provisions of this section provided however
that such rules must provide for the routine testing of the video
recording devices to ensure functional operation, remedies and appropri-
ate sanctions for any attempts by a police officer to tamper with the
operation of the devices.
S 5. On or before January thirty-first of each year of the demon-
stration program, the commissioner of police shall prepare and issue to
the office of the mayor, the local governing body, the office of the
public advocate, the state legislature and the governor, an annual
report on the status of the demonstration program. Such report shall
include, but shall not be limited to: the number and demographic data of
all precincts participating in the program; the number of civilian
complaints filed against the police officers of such precincts, the
nature of such complaints and the resolution; and, to the extent allow-
able by law, a summary of the nature of any disciplinary actions taken
against police officers in circumstances where material captured on a
digital recording device was used in the investigation of a complaint
and data detailing any civil legal costs attributed to each precinct.
S 6. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2020.