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
              

S. 8074                             2

  3. PRIVATE RIGHT OF ACTION. (A) A CLAIM OF UNLAWFUL INTERFERENCE  WITH
RECORDING  A  LAW ENFORCEMENT ACTIVITY IS ESTABLISHED UNDER THIS SECTION
WHEN A PERSON DEMONSTRATES THAT HE OR  SHE  EXERCISED  OR  ATTEMPTED  TO
EXERCISE  THE  RIGHT  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION TO
RECORD A LAW ENFORCEMENT ACTIVITY AND AN OFFICER ACTED TO INTERFERE WITH
THAT PERSON'S RECORDING OF A LAW ENFORCEMENT ACTIVITY, INCLUDING BUT NOT
LIMITED TO, BY:
  (I) INTENTIONALLY PREVENTING OR ATTEMPTING TO PREVENT THAT PERSON FROM
RECORDING LAW ENFORCEMENT ACTIVITY;
  (II) THREATENING THAT PERSON FOR RECORDING A LAW ENFORCEMENT ACTIVITY;
  (III)  COMMANDING  THAT  THE  PERSON  CEASE  RECORDING LAW ENFORCEMENT
ACTIVITY WHEN THE  PERSON  WAS  NEVERTHELESS  AUTHORIZED  UNDER  LAW  TO
RECORD;
  (IV)  STOPPING, SEIZING, SEARCHING, TICKETING OR ARRESTING THAT PERSON
BECAUSE THAT PERSON RECORDED A LAW ENFORCEMENT ACTIVITY; OR
  (V) UNLAWFULLY SEIZING PROPERTY OR INSTRUMENTS USED BY THAT PERSON  TO
RECORD  A  LAW ENFORCEMENT ACTIVITY, UNLAWFULLY DESTROYING, OR SEIZING A
RECORDED IMAGE OR RECORDED IMAGES OF  A  LAW  ENFORCEMENT  ACTIVITY,  OR
COPYING  SUCH  A RECORDING OF A LAW ENFORCEMENT ACTIVITY WITHOUT CONSENT
OF THE PERSON WHO RECORDED IT OR APPROVAL FROM AN APPROPRIATE COURT.
  (B) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CIVIL ACTION UNDER SUBPAR-
AGRAPHS (I), (III) AND (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT AT
THE TIME OF SUCH CONDUCT BY AN OFFICER, SUCH OFFICER HAD PROBABLE  CAUSE
TO  ARREST  THE  PERSON  RECORDING SUCH A LAW ENFORCEMENT ACTIVITY FOR A
CRIME DEFINED IN THE PENAL LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMIN-
ISTRATION.
  (C) A PERSON SUBJECT  TO  UNLAWFUL  INTERFERENCE  WITH  RECORDING  LAW
ENFORCEMENT ACTIVITIES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
MAY  BRING  AN  ACTION FOR ANY VIOLATION OF THIS SECTION IN ANY COURT OF
COMPETENT JURISDICTION FOR  DAMAGES,  INCLUDING  PUNITIVE  DAMAGES,  FOR
DECLARATORY  AND INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS THE COURT
MAY DEEM APPROPRIATE.
  (D) IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION,  THE
COURT  MAY  ALLOW  A PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND
EXPERT FEES AS A PART OF THE COSTS WHICH MAY BE RECOVERED.
  (E) ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION SHALL BE
COMMENCED NO LATER  THAN  THREE  YEARS  AFTER  THE  DATE  ON  WHICH  THE
VIOLATION OF THIS SECTION IS COMMITTED.
  4.  PRESERVATION  OF  RIGHTS. THIS SECTION SHALL BE IN ADDITION TO ALL
RIGHTS, PROCEDURES, AND  REMEDIES  AVAILABLE  UNDER  THE  UNITED  STATES
CONSTITUTION, 42 USC 1983, THE CONSTITUTION OF THE STATE OF NEW YORK AND
ALL  OTHER  FEDERAL  LAW,  STATE LAW, LAW OF THE CITY OF NEW YORK OR THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND ALL OTHER  CIVIL  REME-
DIES,  INCLUDING  MONETARY DAMAGES, CREATED BY STATUTE, ORDINANCE, REGU-
LATION OR COMMON LAW.
  S 3. Severability.  If  any  provision  of  this  bill  or  any  other
provision  of  this  local law, or any amendments thereto, shall be held
invalid or ineffective in whole or in part or inapplicable to any person
or situation, such holding shall not affect, impair  or  invalidate  any
portion of or the remainder of this act, and all other provisions there-
of shall nevertheless be separately and fully effective and the applica-
tion  of  any such provision to other persons or situations shall not be
affected.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.