|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2016||referred to rules|
senate Bill S8074
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8074 (ACTIVE) - Details
S8074 (ACTIVE) - Summary
Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.
S8074 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8074 TITLE OF BILL : An act to amend the civil rights law, in relation to recording certain law enforcement activities PURPOSE : The purpose of this legislation is to establish the "New Yorker's Right to Monitor Act" which enforces the rights of individuals to film or record a police officer(s) in the act of making an arrest or other law enforcement activity, and ensures that such police officer(s) shall not intentionally block or obstruct recording devices being purposefully used for monitoring such arrests or other law activity. SUMMARY OF SPECIFIC PROVISIONS : The criminal procedure law is amended by adding a new section, 120.85, entitled "Warrant of arrest, filming of arrest" which allows for individuals in New York State with respect to both public and private property to: (1) film or record police officers in the act of making an arrest or other law enforcement activity; (2) not be subject to harassment or arrest for filming or recording an arrest or other law enforcement activity, provided that they do so
S8074 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8074 I N S E N A T E June 10, 2016 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil rights law, in relation to recording certain law enforcement activities 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 civil rights law is amended by adding a new section 79-o to read as follows: S 79-O. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY OFFI- CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE- MENT ACTIVITY; (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING UNDER THE COLOR OF LAW; AND (C) "RECORD" MEANS TO CAPTURE OR ATTEMPT TO CAPTURE ANY MOVING OR STILL IMAGE, SOUND, OR IMPRESSION THROUGH THE USE OF ANY RECORDING DEVICE, CAMERA, OR ANY OTHER DEVICE CAPABLE OF CAPTURING AUDIO, MOVING OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS. 2. RIGHT TO RECORD LAW ENFORCEMENT RELATED ACTIVITIES. A PERSON NOT UNDER ARREST OR IN THE CUSTODY OF A LAW ENFORCEMENT OFFICIAL HAS THE RIGHT TO RECORD LAW ENFORCEMENT ACTIVITY AND TO MAINTAIN CUSTODY AND CONTROL OF THAT RECORDING AND OF ANY PROPERTY OR INSTRUMENTS USED BY THAT PERSON TO RECORD LAW ENFORCEMENT ACTIVITIES, PROVIDED, HOWEVER, THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE, FORFEIT THE RIGHT TO HAVE ANY SUCH RECORDINGS, PROPERTY AND EQUIPMENT MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT A PERSON TO ENGAGE IN ACTIONS THAT PHYSICALLY INTERFERE WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A CRIME DEFINED IN THE PENAL LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMINIS- TRATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15592-04-6
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.