assembly Bill A8368B

2015-2016 Legislative Session

Excludes video camera recordings from cameras worn or used by police from being included as personnel records

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 ordered to third reading rules cal.170
rules report cal.170
reported
Jun 06, 2016 reported referred to rules
May 23, 2016 reported referred to codes
May 20, 2016 print number 8368b
May 20, 2016 amend (t) and recommit to governmental operations
Jan 13, 2016 print number 8368a
Jan 13, 2016 amend and recommit to governmental operations
Jan 06, 2016 referred to governmental operations
Aug 24, 2015 referred to governmental operations

A8368 - Details

Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4268
2019-2020: A1685

A8368 - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records and provides for the release of such recordings pursuant to the freedom of information law.

A8368 - Bill Text download pdf

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

                                  8368

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the civil rights law and the  public  officers  law,  in
  relation  to  excluding  video  camera recordings from cameras worn or
  used by police from being included as personnel records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5.  A.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION  OFFICERS  OR PEACE OFFICERS IN THE COURSE OF DUTY, INCLUDING
RECORDINGS MADE BY BODY CAMERAS WORN BY AN  OFFICER,  DASHBOARD  CAMERAS
PLACED  ON  ANY  PART  OF  AN OFFICER'S MOTOR VEHICLE, TRUCK, BICYCLE OR
OTHER VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY  OTHER
GOVERNMENT-OPERATED   RECORDING  DEVICE,  OR  THE  METADATA  FROM  THOSE
RECORDINGS.
  B. ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION  AND
RELEASED  PURSUANT  TO  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING BUT NOT LIMITED TO,  FACIAL  FEATURES  AND  VOICES  AND  OTHER
PERSONAL  INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C. NOTHING IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS  IN  A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO DISALLOW RECORDINGS
OR METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER  PERSONNEL
DECISIONS.
  E.  ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
EN OF THE PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL PUBLIC SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-07-5

Co-Sponsors

view additional co-sponsors

A8368A - Details

Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4268
2019-2020: A1685

A8368A - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records and provides for the release of such recordings pursuant to the freedom of information law.

A8368A - Bill Text download pdf

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

                                 8368--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Governmental Operations -- recommitted to the Committee on  Govern-
  mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the civil rights law and the public officers law, in
  relation to excluding video camera recordings  from  cameras  worn  or
  used by police from being included as personnel records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5. A. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION OFFICERS OR PEACE OFFICERS IN THE COURSE OF  DUTY,  INCLUDING
RECORDINGS  MADE  BY  BODY CAMERAS WORN BY AN OFFICER, DASHBOARD CAMERAS
PLACED ON ANY PART OF AN OFFICER'S  MOTOR  VEHICLE,  TRUCK,  BICYCLE  OR
OTHER  VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER
GOVERNMENT-OPERATED  RECORDING  DEVICE,  OR  THE  METADATA  FROM   THOSE
RECORDINGS.
  B.  ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION AND
RELEASED PURSUANT TO SECTION EIGHTY-SEVEN OF THE  PUBLIC  OFFICERS  LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING  BUT  NOT  LIMITED  TO,  FACIAL  FEATURES AND VOICES AND OTHER
PERSONAL INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION  NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C.  NOTHING  IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS IN A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  DISALLOW  RECORDINGS
OR  METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
DECISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-13-5

Co-Sponsors

view additional co-sponsors

A8368B (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4268
2019-2020: A1685

A8368B (ACTIVE) - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records and provides for the release of such recordings pursuant to the freedom of information law.

A8368B (ACTIVE) - Bill Text download pdf

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

                                 8368--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced by M. of A. QUART, BICHOTTE, BUCHWALD, KIM, DILAN, BENEDETTO,
  BLAKE, SEPULVEDA -- read once and referred to the Committee on Govern-
  mental  Operations  --  recommitted  to  the Committee on Governmental
  Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil rights law and the  public  officers  law,  in
  relation  to  excluding  video  camera recordings from cameras worn or
  used by police from being included as personnel records, and providing
  for the release of such recordings pursuant to the freedom of informa-
  tion law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 50-a of the civil rights law is amended by adding
two new subdivisions 5 and 6 to read as follows:
  5. A. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  RECORDINGS,
AND  RECORDS  OF RECORDINGS, MADE BY OR OF ANY INDIVIDUAL REFERRED TO IN
SUBDIVISION ONE OF  THIS  SECTION  IN  THE  COURSE  OF  DUTY,  INCLUDING
RECORDINGS  MADE  BY  BODY  CAMERAS  WORN BY SUCH INDIVIDUALS, DASHBOARD
CAMERAS PLACED ON ANY PART OF A MOTOR VEHICLE, TRUCK, BICYCLE  OR  OTHER
VEHICLE,  CAMERAS  MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER SUCH
GOVERNMENT RECORDING DEVICE ASSOCIATED WITH  SUCH  INDIVIDUALS,  OR  THE
METADATA FROM THOSE RECORDINGS.
  B.  ANY  RECORDING,  AS  SPECIFIED  IN PARAGRAPH A OF THIS SUBDIVISION
SHALL BE GOVERNED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE  ANY
OTHERWISE  AVAILABLE  RIGHT OF ACCESS AT LAW OR IN EQUITY TO ACCESS SUCH
RECORDINGS OR METADATA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-14-6

A. 8368--B                          2