NY State Senate Bill 2017-S2876

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 18, 2017	referred to codes

co-Sponsors

2017-S2876 (ACTIVE) - Details

See Assembly Version of this Bill:: A2448
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8074, A10387
2019-2020: S3253, A1360

2017-S2876 (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.

2017-S2876 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2876

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
recording certain law enforcement activities

 PURPOSE :

The purpose of this legislation is to establish the "New Yorker's
Right to Monitor Act" which enforces the rights of individuals to film
or record a police officer(s) in the act of making an arrest or other
law enforcement activity, and ensures that such police officer(s)
shall not intentionally block or obstruct recording devices being
purposefully used for monitoring such arrests or other law activity.

 SUMMARY OF SPECIFIC PROVISIONS :

The criminal procedure law is amended by adding a new section, 120.85,
entitled "Warrant of arrest, filming of arrest" which allows for
individuals in New York State with respect to both public and private
property to:

(1) film or record police officers in the act of making an arrest or
other law enforcement activity;

(2) not be subject to harassment or arrest for filming or recording an
arrest or other law enforcement activity, provided that they do so

without intentionally obstructing governmental administration; and

(3) not be charged with penal code 240.20 disorderly conduct or
obstruction of governmental administration for recording or filming an
arrest or other law enforcement activity in a manner that is
reasonable and otherwise lawful.

Section 120.85 of the criminal procedure law further provides that:

(4) a police officer may not search or seize a camera or recording
device without a warrant, unless used in the commission of a crime;

(5) a police officer shall not threaten, intimidate, or otherwise
discourage an individual(s) from recording or filming an arrest or
other law enforcement activity, and that such individuals should be
provided notice and opportunity to object before they are irrevocably
deprived of their recordings;

(6) a police officer shall not damage or erase the contents of a
camera or recording device, and the destruction of such by a police
officer shall constitute tampering with physical evidence; and

(7) the Attorney General shall establish clear written guidelines
under which circumstances a police officer may seize a recording
device, and the manner in which the recording device shall be
maintained after its seizure.

 JUSTIFICATION :

The advancements in audio and video technology have become readily
available to the general population. This phenomenon has most New
Yorkers to become an integral part in monitoring law enforcement
activity. The first amendment of the New York State Constitution
protects the ability of individuals to photograph, record and
videotape law enforcement officers during their official duties.

The rights of uninvolved onlookers to record law enforcement activity
provide critical checks and balances on the tremendous power of the
police. Video and/or audio taping creates an independent record of
what took place in a particular incident, free from accusations of
bias, untruths, or faulty recollection. It is not coincidental that
most high-profile cases of police misconduct have involved video and
audio recordings.

Consequently, there is a widespread, continuing pattern of law
enforcement officers ordering onlookers to cease video or audio
recording of their official behavior and actions while in the line of
duty. More importantly, those who do not comply with police officers'
requests to cease video or audio recording, which is their
constitutional right, are harassed, detained and even arrested by the
police.

This bill, The "New Yorker's Right to Monitor Act" is necessary to
ensure that New Yorkers are allowed to exercise their constitutional
right and shall not be intimidated by law enforcement or unfairly
arrested by law enforcement. This bill seeks to strike a delicate
balance in acknowledging the difficult responsibility of law
enforcement officers in carrying out their duties to ensure public
while ensuring the protection of New York State resident's
constitutional rights.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.8074/A.10387A - Referred to Rules

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S2876 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2876
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens. PARKER, PERKINS -- read twice and ordered printed,
   and when printed to be committed 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

 S. 2876                             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.

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Senate Bill S2876

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S2876 (ACTIVE) - Details

2017-S2876 (ACTIVE) - Summary

2017-S2876 (ACTIVE) - Sponsor Memo

2017-S2876 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2876

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Luis R. Sepúlveda

2017-S2876 (ACTIVE) - Details

2017-S2876 (ACTIVE) - Summary

2017-S2876 (ACTIVE) - Sponsor Memo

2017-S2876 (ACTIVE) - Bill Text download pdf

Comments