The New York State Senate

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

                                  3139

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules and the criminal proce-
  dure law, in relation to recordings found on police cameras and estab-
  lishing the Panel of Experts on the Use  and  Disclosure  of  Recorded
  Video, Digital Audio, Film and Photographs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (i) of section 3101 of the civil  practice  law
and  rules,  as  added by chapter 574 of the laws of 1993, is amended to
read as follows:
  (i) In addition to any other matter which may be  subject  to  disclo-
sure,  there  shall  be full disclosure of any films, photographs, video
tapes [or], audio tapes, OR ALL RECORDINGS FOUND ON A  POLICE  OR  PEACE
OFFICER'S BODY CAMERA AND/OR CAMERA INSTALLED IN A POLICE OR PEACE OFFI-
CER'S  VEHICLE,  including transcripts or memoranda thereof, involving a
person referred to in paragraph one of subdivision (a) of this  section.
There  shall  be  disclosure of all portions of such material, including
out-takes, rather than only those portions a party intends to  use.  The
provisions of this subdivision shall not apply to materials compiled for
law  enforcement purposes which are exempt from disclosure under section
eighty-seven of the public officers law.
  § 2. Paragraph (g) of subdivision 1 of section 240.20 of the  criminal
procedure  law,  as  amended  by chapter 558 of the laws of 1982, and as
relettered by chapter 795 of the laws of 1984, is  amended  to  read  as
follows:
  (g)    Any  tapes  or other electronic recordings which the prosecutor
intends to introduce at trial, irrespective of  whether  such  recording
was  made  during  the course of the criminal transaction, INCLUDING ALL
RECORDINGS FOUND ON A POLICE  OR  PEACE  OFFICER'S  BODY  CAMERA  AND/OR
CAMERA INSTALLED IN A POLICE OR PEACE OFFICER'S VEHICLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06675-01-9

S. 3139                             2

  §  3.    a.  The attorney general shall establish a panel entitled the
"Panel of Experts on the Use and Disclosure of Recorded  Video,  Digital
Audio,  Film  and  Photographs".  The panel shall consist of at least 15
members selected by the attorney general and appointed from the  follow-
ing fields:
  (1)  attorneys practicing or having practiced in the field of criminal
defense;
  (2) former police officers;
  (3) former district attorneys;
  (4) public advocates;
  (5) attorneys practicing or having practiced in  the  field  of  civil
rights;
  (6) experts in videography; and
  (7) experts in digital audio recording.
  b.  The  panel shall develop and propose statewide uniform regulations
and rules regarding the use and disclosure of:
  (1) all content from body cameras or any recording device  worn  by  a
police  officer  or  peace  officer  during  the execution of his or her
duties, including, but not limited to, recordings,  films,  photographs,
videotapes and/or audiotapes; and
  (2) all content from cameras or recording devices used at any facility
by  police  officers  or  peace  officers  during the execution of their
duties.
  c. All state, county, city and town law enforcement departments  shall
adopt as their standard operating procedures the statewide uniform regu-
lations and rules proposed by the panel within ninety days of the final-
ization of such operating procedures.
  § 4. This act shall take effect immediately.