The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2448

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2017
                               ___________

Introduced by M. of A. PERRY, SEPULVEDA -- read once and referred to the
  Committee on Codes

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".
  § 2. The civil rights law is amended by adding a new section  79-o  to
read as follows:
  §  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.
                                                           LBD07524-01-7

A. 2448                             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.
  § 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.
  § 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.