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
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DISALLOW RECORDINGS
OR METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
DECISIONS.
6. THE TERM "RECORDING", AS USED IN THIS SECTION, SHALL MEAN AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE DEVICE
OR ANY OTHER MEDIUM ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
S 2. Section 87 of the public officers law is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION
AND PARAGRAPH B OF SUBDIVISION FIVE OF SECTION FIFTY-A OF THE CIVIL
RIGHTS LAW, EACH AGENCY THAT MAINTAINS RECORDS, OF THE TYPE DESCRIBED IN
PARAGRAPH A OF SUBDIVISION FIVE OF SECTION FIFTY-A OF THE CIVIL RIGHTS
LAW, SHALL MAKE SUCH RECORDS AVAILABLE FOR PUBLIC INSPECTION AND COPY-
ING, EXCEPT THAT:
(A) WHEN REQUESTED WHILE A CIVIL ACTION, CIVIL PROCEEDING, CRIMINAL
PROSECUTION OR PRELIMINARY CRIMINAL PROCEEDING TO WHICH SUCH RECORDS MAY
BE RELEVANT IS PENDING IN A COURT OF THIS STATE, SUCH AGENCY MAY DENY
ACCESS TO SUCH RECORDS OR PORTIONS THEREOF PURSUANT TO PARAGRAPH (E) OR
(F) OF SUBDIVISION TWO OF THIS SECTION, IF THE JUDGE OR JUSTICE PRESID-
ING IN SUCH ACTION OR PROCEEDING DETERMINES, AT THE INSTANCE OF SUCH
AGENCY, AFTER REASONABLE NOTICE TO THE REQUESTER AND AN OPPORTUNITY TO
BE HEARD, BY CLEAR AND CONVINCING EVIDENCE, THAT AN EXCEPTION TO DISCLO-
SURE SPECIFIC TO THE SITUATION OR TO A SPECIFIC INDIVIDUAL OR INDIVID-
UALS EXISTS PURSUANT TO PARAGRAPH (E) OR (F) OF SUBDIVISION TWO OF THIS
SECTION AND THAT SUCH EXCEPTION WARRANTS A DENIAL OF DISCLOSURE, AND THE
COURT'S ORDER SETS FORTH IN DETAIL THE REASONS FOR THE COURT'S DETERMI-
NATION;
(B) WHEN REQUESTED WHILE AN ACTION, PROCEEDING, PROSECUTION OR PRELIM-
INARY CRIMINAL PROCEEDING TO WHICH SUCH RECORDS MAY BE RELEVANT IS NOT
PENDING IN A COURT OF THIS STATE, SUCH AGENCY MAY DENY ACCESS TO SUCH
RECORDS OR PORTIONS THEREOF PURSUANT TO PARAGRAPH (E) OR (F) OF SUBDIVI-
SION TWO OF THIS SECTION IF, AFTER REASONABLE NOTICE TO THE REQUESTER
AND AN OPPORTUNITY TO BE HEARD, SUCH AGENCY DETERMINES, BY CLEAR AND
CONVINCING EVIDENCE, THAT AN EXCEPTION TO DISCLOSURE SPECIFIC TO THE
SITUATION OR TO A SPECIFIC INDIVIDUAL OR INDIVIDUALS EXISTS PURSUANT TO
PARAGRAPH (E) OR (F) OF SUBDIVISION TWO OF THIS SECTION AND THAT SUCH
EXCEPTION WARRANTS A DENIAL OF DISCLOSURE, AND THE AGENCY'S DETERMI-
NATION PROVIDED TO THE REQUESTER SETS FORTH IN DETAIL THE REASONS FOR
THE AGENCY'S DETERMINATION; AND
(C) WHEN SUCH AGENCY IS CONSIDERING AN EXCEPTION TO DISCLOSURE PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, SUCH AGENCY
SHALL RELEASE SUCH RECORDS, BUT SHALL ELECTRONICALLY OR OTHERWISE VISU-
ALLY OBSCURE THE FACIAL FEATURES, VOICE, AND OTHER PERSONAL INFORMATION
OF ANY PERSON, OTHER THAN AN INDIVIDUAL REFERRED TO IN SUBDIVISION ONE
OF SECTION FIFTY-A OF THE CIVIL RIGHTS LAW, WITH RESPECT TO WHOM SUCH
AGENCY DETERMINES, FOR SPECIFIC REASONS APPLICABLE TO SUCH INDIVIDUAL,
BY CLEAR AND CONVINCING EVIDENCE, THAT (I) SUCH RECORDING OCCURRED AT A
PLACE WHERE SUCH PERSON HAD A REASONABLE EXPECTATION OF PRIVACY; AND
(II) DISCLOSURE WOULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL
PRIVACY. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS LIMITING THE
AUTHORITY OF AN AGENCY TO APPLY SUCH EXCEPTION AND VISUALLY OBSCURE THE
ENTIRE IMAGE, VOICE, AND OTHER PERSONAL INFORMATION OF AN INDIVIDUAL
REFERRED TO IN SUBDIVISION ONE OF SECTION FIFTY-A OF THE CIVIL RIGHTS
A. 8368--B 3
LAW WHEN SUCH INDIVIDUAL, AT THE TIME OF THE RECORDING, WAS SERVING IN A
COVERT OR UNDERCOVER CAPACITY.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.