Assembly Bill A4936

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

                                  4936

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to enacting  the
  "New  Yorker's right to monitor act" permitting the filming or record-
  ing of police in the act of an arrest or law enforcement activity

  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 criminal procedure law is amended by  adding  a  new  section
120.85 to read as follows:
S 120.85 WARRANT  OF  ARREST; FILMING AN ARREST OR OTHER LAW ENFORCEMENT
           ACTIVITY.
  1. AN INDIVIDUAL MAY FILM OR RECORD A POLICE OFFICER OR  POLICE  OFFI-
CERS  IN  THE ACT OF MAKING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY.
SUCH OFFICER OR OFFICERS MAY NOT INTENTIONALLY ACT IN  A  MANNER  SOLELY
FOR THE PURPOSE OF BLOCKING OR OBSTRUCTING CAMERAS OR OTHER PHOTO, AUDIO
OR  VIDEO RECORDING DEVICES BEING USED IN MONITORING THE ARREST OR OTHER
LAW ENFORCEMENT ACTIVITY.
  2. AN INDIVIDUAL IN NEW YORK MAY  NOT  BE  SUBJECT  TO  HARASSMENT  OR
ARREST FOR FILMING OR RECORDING AN ARREST, PROVIDED THAT SUCH INDIVIDUAL
WHO  FILMS OR RECORDS THE ARREST DOES SO WITHOUT INTENTIONALLY INTERFER-
ING WITH POLICE DUTIES, OR PURPOSEFULLY HARASSING MEMBERS OF THE  POLICE
OR  OTHERS.  SUCH INDIVIDUAL WHO FILMS OR RECORDS AN ARREST OR OTHER LAW
ENFORCEMENT ACTIVITY MAY NOT ENGAGE IN ACTIONS THAT JEOPARDIZE THE SAFE-
TY OF AN OFFICER, A SUSPECT, OR OTHERS IN THE VICINITY.  AN  INDIVIDUAL,
WHILE  ENGAGED IN THE ACT OF RECORDING OR FILMING AN ARREST OR OTHER LAW
ENFORCEMENT ACTIVITY, MAY NOT SUBSTANTIVELY VIOLATE THE  LAW  OR  INCITE
OTHERS TO VIOLATE THE LAW.
  3.  A POLICE OFFICER OR POLICE OFFICERS MAY NOT ARREST, STOP OR DETAIN
AN  ONLOOKER OF AN ARREST, POLICE STOP, OR DETAINMENT FOR PROBABLE CAUSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03764-01-5
              

A. 4936                             2

BASED ON THE ONLOOKER'S SPEECH ALONE,  EVEN  THOUGH  CRUDE  AND  VULGAR;
REQUESTING  AND  MAKING NOTES OF POLICE SHIELD NUMBERS OR NAMES OF OFFI-
CERS; OR REMAINING IN THE VICINITY OF THE ARREST OR OTHER  LAW  ENFORCE-
MENT  ACTIVITY.    AN INDIVIDUAL WHO RECORDS OR FILMS AN ARREST OR OTHER
LAW ENFORCEMENT ACTIVITY IN A MANNER THAT IS  REASONABLE  AND  OTHERWISE
LAWFUL  UNDER  THE  CIRCUMSTANCES  SHALL  NOT BE CHARGED WITH DISORDERLY
CONDUCT PURSUANT TO SECTION 240.20 OF THE PENAL LAW  OR  OBSTRUCTION  OF
GOVERNMENTAL  ADMINISTRATION  IN  THE  SECOND DEGREE PURSUANT TO SECTION
195.05 OF THE PENAL LAW.
  4.  A POLICE OFFICER OR POLICE OFFICERS MAY  NOT  SEARCH  OR  SEIZE  A
CAMERA,  FILMING,  PHOTO,  VIDEO  OR RECORDING DEVICE WITHOUT A WARRANT,
UNLESS USED IN THE COMMISSION OF A CRIME. A  POLICE  OFFICER  OR  POLICE
OFFICERS  SHALL  NOT  THREATEN,  INTIMIDATE,  OR OTHERWISE DISCOURAGE AN
INDIVIDUAL FROM RECORDING OR  FILMING  LAW  ENFORCEMENT  ACTIVITIES.  AN
INDIVIDUAL  SHOULD BE GIVEN NOTICE AND OPPORTUNITY TO OBJECT BEFORE THEY
ARE IRREVOCABLY DEPRIVED OF THEIR RECORDINGS.
  5. A LAW ENFORCEMENT OFFICER SHALL NOT DAMAGE OR ERASE THE CONTENTS OF
A CAMERA, CELL PHONE OR OTHER VIDEO OR AUDIO  RECORDING  DEVICE  CONFIS-
CATED  OR SEIZED DURING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY. THE
DESTRUCTION OF THE CONTENTS OF A CAMERA OR RECORDING  DEVICE  BY  A  LAW
ENFORCEMENT  OFFICER  IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVI-
SION SHALL CONSTITUTE TAMPERING WITH PHYSICAL EVIDENCE,  AS  DEFINED  IN
SUBDIVISION TWO OF SECTION 215.40 OF THE PENAL LAW.
  6.  THE  ATTORNEY  GENERAL  SHALL ESTABLISH GUIDELINES CLEARLY STATING
CIRCUMSTANCES UNDER WHICH A POLICE OFFICER MAY SEIZE  A  CELL  PHONE  OR
OTHER  VIDEO  OR  AUDIO  RECORDING DEVICE, EVEN TEMPORARILY, AND HOW THE
RECORDINGS ON  THE  DEVICE  SHALL  BE  PRESERVED  AND  MAINTAINED  AFTER
SEIZURE.  THE  ATTORNEY  GENERAL  SHALL ALSO ESTABLISH OFFICER EDUCATION
REGARDING THE FILMING OR RECORDING OF ARRESTS.  HE  OR  SHE  SHALL  ALSO
PROVIDE  APPROPRIATE SANCTIONS SHOULD OFFICERS NOT COMPLY WITH THE TERMS
OF THIS SECTION.  THESE GUIDELINES SHALL BE ADOPTED AND  IMPLEMENTED  BY
ALL POLICE DEPARTMENTS IN THE STATE.
  7. THIS SECTION SHALL APPLY TO BOTH PUBLIC AND PRIVATE PROPERTY.
  8.  ANY  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE A MISDE-
MEANOR.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.