assembly Bill A2448

2017-2018 Legislative Session

Relates to recording certain law enforcement activities

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2018 ordered to third reading rules cal.36
rules report cal.36
Jun 06, 2018 reported
Jun 05, 2018 reported referred to rules
Jan 03, 2018 referred to codes
Jan 20, 2017 referred to codes

Co-Sponsors

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A2448 (ACTIVE) - Details

See Senate Version of this Bill:
S2876
Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10387, S8074
2019-2020: A1360, S3253

A2448 (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.

A2448 (ACTIVE) - Bill Text download pdf


                    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.