S T A T E O F N E W Y O R K
________________________________________________________________________
8596
2019-2020 Regular Sessions
I N A S S E M B L Y
September 13, 2019
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Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to allowing police offi-
cers to wear body-worn cameras, and prohibiting agreements with other
state or federal agencies that prevent the use of such cameras
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-u
to read as follows:
§ 837-U. POLICE USE OF BODY-WORN CAMERAS. 1. FOR THE PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BODY-WORN CAMERA" SHALL MEAN AN ELECTRONIC CAMERA SYSTEM FOR
CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING, AND PROC-
ESSING AUDIOVISUAL RECORDINGS THAT ARE WORN BY A POLICE OFFICER.
(B) "COMMUNITY CARETAKING FUNCTION" SHALL MEAN A TASK UNDERTAKEN BY A
POLICE OFFICER IN WHICH SUCH POLICE OFFICER IS PERFORMING AN ARTICULABLE
ACT UNRELATED TO THE INVESTIGATION OF A CRIME. "COMMUNITY CARETAKING
FUNCTION" INCLUDES, BUT IS NOT LIMITED TO, PARTICIPATING IN TOWN HALLS
OR OTHER COMMUNITY OUTREACH, HELPING A CHILD FIND THE CHILD'S PARENTS,
PROVIDING DEATH NOTIFICATIONS, DEALING WITH INDIVIDUALS ASKING FOR
DIRECTIONS OR OTHER ASSISTANCE AND PERFORMING IN-HOME OR HOSPITAL WELL-
BEING CHECKS ON PERSONS WHO ARE SICK, ELDERLY OR PRESUMED MISSING.
(C) "IN UNIFORM" WITH RESPECT TO A POLICE OFFICER, SHALL MEAN WEARING
ANY OFFICIALLY AUTHORIZED UNIFORM DESIGNATED BY A POLICE AGENCY OR VISI-
BLY WEARING ARTICLES OF CLOTHING OR OTHER ITEMS INDICATING THAT SUCH
POLICE OFFICER IS A POLICE OFFICER ACTING IN THE COURSE OF SUCH POLICE
OFFICER'S DUTIES, INCLUDING, BUT NOT LIMITED TO, A BADGE, TACTICAL GEAR,
A GUN BELT, A PATCH OR OTHER INSIGNIA.
(D) "LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES" SHALL INCLUDE,
BUT NOT BE LIMITED TO, TRAFFIC STOPS, PEDESTRIAN STOPS, ARRESTS, SEARCH-
ES, INTERROGATIONS, INVESTIGATIONS, PURSUITS, CROWD CONTROL, TRAFFIC
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13482-01-9
A. 8596 2
CONTROL, INTERACTIONS WITH INDIVIDUALS WHILE ON PATROL THAT ARE NOT
COMMUNITY CARETAKING FUNCTIONS, OR ANY OTHER INSTANCE IN WHICH A POLICE
OFFICER IS ENFORCING THE LAWS OF THE MUNICIPALITY, COUNTY, OR STATE.
"LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES" SHALL NOT INCLUDE
ACTIVITIES OCCURRING WHILE THE POLICE OFFICER IS COMPLETING PAPERWORK
ALONE OR IN THE PRESENCE OF ANOTHER POLICE OFFICER, OR COMMUNITY CARE-
TAKING FUNCTIONS.
(E) "RECORDING" SHALL MEAN THE PROCESS OF CAPTURING DATA OR INFORMA-
TION STORED ON A RECORDING MEDIUM FOR THE RETENTION AND PLAYBACK OF
RECORDED AUDIO AND VIDEO INCLUDING, BUT NOT LIMITED TO, HARD DRIVE,
CLOUD STORAGE, SOLID STATE, DIGITAL OR FLASH MEMORY TECHNOLOGY OR ANY
OTHER ELECTRONIC MEDIUM.
2. A POLICE AGENCY SHALL ENSURE THAT EACH POLICE OFFICER IN ITS EMPLOY
WHO REQUESTS A BODY-WORN CAMERA IS EQUIPPED WITH A BODY-WORN CAMERA AND
THAT SUCH BODY-WORN CAMERA IS IN OPERATION AND CREATING A RECORDING AT
ALL TIMES SUCH POLICE OFFICER IS IN UNIFORM AND ENGAGED IN LAW ENFORCE-
MENT-RELATED ENCOUNTERS OR ACTIVITIES. EACH POLICE AGENCY SHALL ADOPT
POLICIES AND PROCEDURES RELATING TO THE USE OF BODY-WORN CAMERAS BY
POLICE OFFICERS IN ITS EMPLOY AND THE MAINTENANCE AND RETENTION OF DATA
AND RECORDINGS.
3. NO POLICE AGENCY SHALL ENTER INTO AN AGREEMENT OR JOINT TASK FORCE
WITH ANY OTHER STATE OR FEDERAL AGENCY WHICH REQUIRES POLICE OFFICERS TO
ENGAGE IN LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES WITHOUT THE
USE OF A BODY-WORN CAMERA.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.