senate Bill S3398A

2019-2020 Legislative Session

Excludes video camera recordings from cameras worn or used by police from being included as personnel records; makes certain records available to independent review boards

download bill text pdf

Sponsored By

Current 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Oct 25, 2019 print number 3398a
Oct 25, 2019 amend (t) and recommit to codes
Feb 06, 2019 referred to codes

S3398 - Details

See Assembly Version of this Bill:
A1685
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L; amd §§160.50, 160.55, 160.58 & 160.59, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6030, A8368
2017-2018: S3140, A4268

S3398 - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records; makes certain records available to independent review boards investigating allegations of police or law enforcement misconduct.

S3398 - Sponsor Memo

S3398 - Bill Text download pdf


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

                                  3398

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- 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.

S3398A (ACTIVE) - Details

See Assembly Version of this Bill:
A1685
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L; amd §§160.50, 160.55, 160.58 & 160.59, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6030, A8368
2017-2018: S3140, A4268

S3398A (ACTIVE) - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records; makes certain records available to independent review boards investigating allegations of police or law enforcement misconduct.

S3398A (ACTIVE) - Sponsor Memo

S3398A (ACTIVE) - Bill Text download pdf


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

                                 3398--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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; and to amend
  the criminal procedure law, in  relation  to  making  certain  records
  available  to  independent  review boards investigating allegations of
  police or law enforcement misconduct

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01365-02-9

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