S T A T E   O F   N E W   Y O R K
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                                   1848
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  civil rights law, in relation to exercising the
   right to record police activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  civil  rights law is amended by adding a new section
 79-o to read as follows:
   § 79-O.  RIGHT  TO  RECORD  POLICE  ACTIVITIES.  1.  DEFINITIONS.  FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   (A) OFFICER. THE TERM "OFFICER" MEANS  ANY  PEACE  OFFICER  OR  POLICE
 OFFICER AS DEFINED IN THE CRIMINAL PROCEDURE LAW, OR ANY SPECIAL PATROL-
 MAN  APPOINTED BY THE POLICE COMMISSIONER OF THE CITY OF NEW YORK PURSU-
 ANT TO SECTION 14-106 OF THE ADMINISTRATIVE CODE  OF  THE  CITY  OF  NEW
 YORK.
   (B) POLICE ACTIVITIES. THE TERM "POLICE ACTIVITIES" MEANS ANY ACTIVITY
 BY AN OFFICER ACTING UNDER THE COLOR OF LAW.
   (C)  RECORD.  THE TERM "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  OBSERVA-
 TIONS.
   2.  RIGHT  TO  RECORD  POLICE  ACTIVITIES.  A PERSON MAY RECORD POLICE
 ACTIVITIES AND MAINTAIN CUSTODY AND CONTROL OF ANY SUCH RECORDING AND OF
 ANY PROPERTY OR INSTRUMENTS USED IN  SUCH  RECORDING.  NOTHING  IN  THIS
 SECTION  SHALL BE CONSTRUED TO PERMIT A PERSON TO ENGAGE IN ACTIONS THAT
 PHYSICALLY INTERFERE WITH AN OFFICIAL AND LAWFUL POLICE FUNCTION, OR  TO
 PREVENT  THE  SEIZURE OF ANY PROPERTY OR INSTRUMENTS USED IN A RECORDING
 OF POLICE ACTIVITIES OTHERWISE AUTHORIZED BY LAW,  OR  TO  PROHIBIT  ANY
 OFFICER FROM ENFORCING ANY OTHER PROVISION OF LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02233-01-7

 A. 1848                             2
 
   3.  PRIVATE RIGHT OF ACTION. (A) A CLAIM OF UNLAWFUL INTERFERENCE WITH
 RECORDING POLICE ACTIVITIES IS ESTABLISHED UNDER THIS  SECTION  WHEN  AN
 INDIVIDUAL  DEMONSTRATES  THAT HE OR SHE RECORDED OR ATTEMPTED TO RECORD
 POLICE ACTIVITIES IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION AND
 AN OFFICER INTERFERED WITH THAT PERSON'S RECORDING OF POLICE ACTIVITIES.
 SUCH  INTERFERENCE  INCLUDES,  BUT  IS  NOT  LIMITED  TO,  THE FOLLOWING
 ACTIONS:
   (I) PREVENTING OR ATTEMPTING TO PREVENT THE RECORDING OF POLICE ACTIV-
 ITIES;
   (II) THREATENING OR MAKING ANY EFFORT TO INTIMIDATE A PERSON RECORDING
 POLICE ACTIVITIES;
   (III) STOPPING, SEIZING, SEARCHING, ISSUING ANY SUMMONS, OR  ARRESTING
 ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL RECORDED POLICE ACTIVITIES; OR
   (IV)  SEIZING PROPERTY OR INSTRUMENTS USED BY ANY INDIVIDUAL TO RECORD
 POLICE ACTIVITIES.
   (B) IT SHALL BE AN AFFIRMATIVE DEFENSE THAT A  REASONABLE  OFFICER  IN
 THE  POSITION  OF  SUCH OFFICER WOULD HAVE HAD PROBABLE CAUSE TO BELIEVE
 THAT THE PERSON RECORDING POLICE ACTIVITIES PHYSICALLY  INTERFERED  WITH
 AN  OFFICIAL  AND LAWFUL POLICE FUNCTION, OR THAT SUCH OFFICER'S ACTIONS
 WERE OTHERWISE AUTHORIZED BY LAW.
   (C) A PERSON SUBJECT TO UNLAWFUL INTERFERENCE  WITH  RECORDING  POLICE
 ACTIVITIES  AS  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION MAY BRING
 AN ACTION IN ANY  COURT  OF  COMPETENT  JURISDICTION  FOR  ANY  DAMAGES,
 INCLUDING  PUNITIVE  DAMAGES,  AND FOR DECLARATORY AND INJUNCTIVE RELIEF
 AND SUCH OTHER REMEDIES AS MAY BE APPROPRIATE.
   (D) IN ANY ACTION OR PROCEEDING TO ENFORCE THIS SECTION, THE COURT MAY
 ALLOW A PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AS PART  OF  THE
 COSTS, AND MAY INCLUDE EXPERT FEES AS PART OF THE ATTORNEY'S FEES.
   (E)  ANY  ACTION  OR  PROCEEDING  TO  ENFORCE  THIS  SECTION  SHALL BE
 COMMENCED NO LATER THAN ONE YEAR AND NINETY DAYS 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, SECTION 1983 OF TITLE 42 OF THE UNITED  STATES  CODE,  THE
 CONSTITUTION  OF THE STATE OF NEW YORK AND ALL OTHER FEDERAL LAWS, STATE
 LAWS, LAWS OF THE CITY OF NEW YORK OR THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF  NEW YORK, AND ALL PRE-EXISTING CIVIL REMEDIES, INCLUDING MONE-
 TARY DAMAGES, CREATED BY STATUTE, ORDINANCE, REGULATION OR COMMON LAW.
   5. REPORTING. EVERY LAW ENFORCEMENT AGENCY SHALL SUBMIT TO THE  SUPER-
 INTENDENT  OF STATE POLICE, AND THE SUPERINTENDENT OF STATE POLICE SHALL
 SUBMIT TO THE GOVERNOR AND  POST  TO  THE  DIVISION  OF  STATE  POLICE'S
 WEBSITE  WITHIN  TWENTY  DAYS OF THE BEGINNING OF EACH QUARTER, A REPORT
 CONTAINING THE FOLLOWING INFORMATION FOR  THE  PREVIOUS  QUARTER:    THE
 NUMBER  OF ARRESTS, CRIMINAL SUMMONSES, AND CIVIL SUMMONSES IN WHICH THE
 PERSON ARRESTED OR SUMMONSED WAS RECORDING POLICE ACTIVITIES AS  DEFINED
 IN  SUBDIVISION  ONE  OF  THIS SECTION.   SUCH REPORT SHALL INCLUDE THIS
 INFORMATION IN TOTAL AND DISAGGREGATED BY  THE  FOLLOWING  FACTORS:  THE
 LOCATION  AT WHICH SUCH ARREST OR SUMMONS OCCURRED, THE OFFENSE CHARGED,
 AND THE APPARENT RACE, ETHNICITY, GENDER, AND AGE OF THE PERSON ARRESTED
 OR SUMMONSED. THE INFORMATION TO BE REPORTED PURSUANT TO  THIS  SUBDIVI-
 SION  SHALL  BE  COMPARED TO PREVIOUS REPORTING PERIODS, SHALL BE PERMA-
 NENTLY STORED ON THE DIVISION OF STATE POLICE'S WEBSITE,  AND  SHALL  BE
 STORED  IN  ALPHANUMERIC FORM THAT CAN BE DIGITALLY TRANSMITTED OR PROC-
 ESSED AND NOT IN PORTABLE DOCUMENT FORMAT OR SCANNED COPIES OF  ORIGINAL
 DOCUMENTS.

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   §  2.  Severability.  If  any  provision  of  this  bill  or any other
 provision of this 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 law, 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law,  provided that the first quarterly report required
 pursuant to subdivision 5 of section 79-o of the civil  rights  law,  as
 added by section one of this act, shall be due within twenty days of the
 quarter  beginning on the first of October next succeeding the date upon
 which it shall have become a law.