Senate Bill S357

                                 BILL NUMBER:  S357

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
videotaping uniformed personnel in the course of carrying out their
professional duties

 PURPOSE OR GENERAL IDEA OF BILL :

Provides an affirmative right to videotape uniformed personnel and
provides for the recovery of damages in the amount of $25,000 per
violation.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the civil rights law by adding a new section 79-o.
Establishes the right to videotape uniformed personnel when such
personnel are carrying out their duties. Defines uniformed personnel
as police, firefighters, emergency technicians and paramedics.
Provides for the recovery of damages in the amount of $25,000 per
violation.

Section 2. Effective Date.

 EXISTING LAW :

None.
              

 JUSTIFICATION :

On Thursday, July 17, 2014, Eric Garner was accused of selling loose
cigarettes on a street in Staten Island. He was approached by the
NYPD, and as his encounter with the NYPD continued, he was suddenly
and for no apparent reason, placed in a chokehold, which has been
banned by the NYPD since 1993. Tragically, Mr. Garner died later at
the hospital.

This event, from the time the police first approached Mr. Garner, up
to and including the chokehold and the arrival of the emergency
medical services, was captured on video by Ramsey Orta who taped the
encounter on his cell phone. If not for Mr. Orta's video, there would
be no visual record of this tragic event. The public would have
limited information as to what really transpired on that fateful day.
In the months following this tragic event, the videotape "went viral"
and was seen by millions of people around the world.

It should be noted that the right to videotape is already allowed, as
long as the person videotaping does not interfere with police
activity. However, because this right is routinely violated, this
legislation is needed. This bill strengthens and protects civilians'
rights by affirmatively allowing a person to video tape uniformed
personnel in the course of their duties, as long as the person does
not interfere with the uniformed personnel from carrying out their
duties. It also allows the aggrieved person to sue for wrongful
interference with videotaping uniformed personnel in the course of
their duties.

 PRIOR LEGISLATIVE HISTORY :

2014: S.7932 - Referred to Rules/A10176 - Referred to Governmental
Operations

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately.