S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4268
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. QUART -- Multi-Sponsored by -- M. of A. BENEDET-
   TO, BICHOTTE, BLAKE, BUCHWALD, DILAN, KIM, SEPULVEDA -- read once  and
   referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the civil rights law and the public officers law, in
   relation to excluding video camera recordings  from  cameras  worn  or
   used by police from being included as personnel records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50-a of the civil rights law is amended by adding a
 new subdivision 5 to read as follows:
   5. A. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  RECORDINGS
 MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
 CORRECTION OFFICERS OR PEACE OFFICERS IN THE COURSE OF  DUTY,  INCLUDING
 RECORDINGS  MADE  BY  BODY CAMERAS WORN BY AN OFFICER, DASHBOARD CAMERAS
 PLACED ON ANY PART OF AN OFFICER'S  MOTOR  VEHICLE,  TRUCK,  BICYCLE  OR
 OTHER  VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER
 GOVERNMENT-OPERATED  RECORDING  DEVICE,  OR  THE  METADATA  FROM   THOSE
 RECORDINGS.
   B.  ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION AND
 RELEASED PURSUANT TO SECTION EIGHTY-SEVEN OF THE  PUBLIC  OFFICERS  LAW,
 SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
 INCLUDING  BUT  NOT  LIMITED  TO,  FACIAL  FEATURES AND VOICES AND OTHER
 PERSONAL INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION  NINETY-
 TWO OF THE PUBLIC OFFICERS LAW.
   C.  NOTHING  IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS IN A
 CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
   D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  DISALLOW  RECORDINGS
 OR  METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
 DECISIONS.
   E. ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN  PARA-
 GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08386-01-7

 A. 4268                             2
 
 EN  OF  THE  PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL RECORDS OF
 AGENCIES AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF SECTION EIGHTY-SIX
 OF THE PUBLIC OFFICERS LAW, NECESSARY ONLY TO IDENTIFY  ANY  OFFICER  IN
 THE RECORDING OR METADATA.
   §  2.  The opening paragraph of section 1-a of the civil rights law is
 designated subdivision 1 and a new subdivision 2 is  added  to  read  as
 follows:
   2.  THE  TERM  "RECORDING",  AS  USED  IN  THIS CHAPTER, SHALL MEAN AN
 ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
 FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE  DEVICE
 OR  ANY  OTHER  MEDIUM  ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
 IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR  REPROD-
 UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
   §  3. Paragraph (c) of subdivision 2 of section 89 of the public offi-
 cers law, as amended by section 11 of part U of chapter 61 of  the  laws
 of 2011, is amended to read as follows:
   (c) Unless otherwise provided by this article, disclosure shall not be
 construed  to  constitute  an  unwarranted  invasion of personal privacy
 pursuant to paragraphs (a) and (b) of this subdivision:
   i. when identifying details are deleted OR REDACTED;
   ii. when the person to whom a record pertains consents in  writing  to
 disclosure;
   iii. when upon presenting reasonable proof of identity, a person seeks
 access to records pertaining to him or her; or
   iv.  when  a record or group of records relates to the right, title or
 interest in real property, or relates to the inventory, status or  char-
 acteristics  of  real  property,  in which case disclosure and providing
 copies of such record or group of records shall not be deemed an  unwar-
 ranted  invasion of personal privacy, provided that nothing herein shall
 be construed to authorize the disclosure of electronic contact  informa-
 tion,  such  as an e-mail address or a social network username, that has
 been collected from a taxpayer under section one  hundred  four  of  the
 real property tax law.
   § 4. This act shall take effect immediately.