S T A T E O F N E W Y O R K
________________________________________________________________________
2825
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to recordings found on police cameras and estab-
lishing the Panel of Experts on the Use and Disclosure of Recorded
Video, Digital Audio, Film and Photographs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (i) of section 3101 of the civil practice law
and rules, as added by chapter 574 of the laws of 1993, is amended to
read as follows:
(i) In addition to any other matter which may be subject to disclo-
sure, there shall be full disclosure of any films, photographs, video
tapes [or], audio tapes, OR ALL RECORDINGS FOUND ON A POLICE OR PEACE
OFFICER'S BODY CAMERA AND/OR CAMERA INSTALLED IN A POLICE OR PEACE OFFI-
CER'S VEHICLE, including transcripts or memoranda thereof, involving a
person referred to in paragraph one of subdivision (a) of this section.
There shall be disclosure of all portions of such material, including
out-takes, rather than only those portions a party intends to use. The
provisions of this subdivision shall not apply to materials compiled for
law enforcement purposes which are exempt from disclosure under section
eighty-seven of the public officers law.
§ 2. Paragraph (g) of subdivision 1 of section 240.20 of the criminal
procedure law, as amended by chapter 558 of the laws of 1982, and as
relettered by chapter 795 of the laws of 1984, is amended to read as
follows:
(g) Any tapes or other electronic recordings which the prosecutor
intends to introduce at trial, irrespective of whether such recording
was made during the course of the criminal transaction, INCLUDING ALL
RECORDINGS FOUND ON A POLICE OR PEACE OFFICER'S BODY CAMERA AND/OR
CAMERA INSTALLED IN A POLICE OR PEACE OFFICER'S VEHICLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08385-01-7
A. 2825 2
§ 3. a. The attorney general shall establish a panel entitled the
"Panel of Experts on the Use and Disclosure of Recorded Video, Digital
Audio, Film and Photographs". The panel shall consist of at least 15
members selected by the attorney general and appointed from the follow-
ing fields:
(1) attorneys practicing or having practiced in the field of criminal
defense;
(2) former police officers;
(3) former district attorneys;
(4) public advocates;
(5) attorneys practicing or having practiced in the field of civil
rights;
(6) experts in videography; and
(7) experts in digital audio recording.
b. The panel shall develop and propose statewide uniform regulations
and rules regarding the use and disclosure of:
(1) all content from body cameras or any recording device worn by a
police officer or peace officer during the execution of his or her
duties, including, but not limited to, recordings, films, photographs,
videotapes and/or audiotapes; and
(2) all content from cameras or recording devices used at any facility
by police officers or peace officers during the execution of their
duties.
c. All state, county, city and town law enforcement departments shall
adopt as their standard operating procedures the statewide uniform regu-
lations and rules proposed by the panel within ninety days of the final-
ization of such operating procedures.
§ 4. This act shall take effect immediately.