The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1360--A
                                                         Cal. No. 70

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced by M. of A. PERRY, ARROYO, TAYLOR, D'URSO, FERNANDEZ, RIVERA,
  HYNDMAN,  NIOU, BARRON, GOTTFRIED, RICHARDSON, WRIGHT -- read once and
  referred to the Committee on Codes --  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

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-p to
read as follows:
  § 79-P. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06662-02-0

A. 1360--A                          2

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.
  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 clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair, or invalidate the reminder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which  such  judge-

A. 1360--A                          3

ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  §  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.