senate Bill S3140

2017-2018 Legislative Session

Excludes video camera recordings from cameras worn or used by police from being included as personnel records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2017 referred to codes

Co-Sponsors

S3140 (ACTIVE) - Details

See Assembly Version of this Bill:
A4268
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6030, A8368
2019-2020: S3398, A1685

S3140 (ACTIVE) - Summary

Excludes video camera recordings and raw data generated from such recordings generated from cameras worn or used by police from being included as personnel records.

S3140 (ACTIVE) - Sponsor Memo

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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