|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 19, 2017||referred to codes|
senate Bill S3140
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3140 (ACTIVE) - Details
S3140 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3140 TITLE OF BILL : 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 PURPOSE : Clarifies that recordings made by body cameras worn by police officers, among other recordings made by public safety officials, are not considered personnel records pursuant to section 50-a of the Civil Rights Law, and are thus subject to the Freedom of Information Law (FOIL). SUMMARY OF PROVISIONS : Section 1: Section 50-a of the civil rights law is amended by adding a new subdivision 5 that: *Excludes recordings made of police officers, firefighters and other public safety officials in the course of duty, including, but not limited to recordings made by body cameras worn by an officer, as well as the metadata from those recordings, from protection as personnel records under section 50-a of New York's Civil Rights Law.
S3140 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3140 2017-2018 Regular Sessions I N S E N A T E January 19, 2017 ___________ Introduced by Sens. SQUADRON, 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 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- EN OF THE PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL RECORDS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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