NY State Senate Bill 2019-S6686

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2020	print number 6686a
Jun 05, 2020	amend and recommit to finance
Jan 08, 2020	referred to finance
Sep 04, 2019	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S6686 - Details

See Assembly Version of this Bill:: A8674
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §234, Exec L

2019-S6686 - Summary

Relates to the use of body-worn cameras by New York state police officers; establishes the New York state police body-worn cameras program; requires the division of state police to provide body-worn cameras to be worn by all officers including state university police officers.

2019-S6686 - Sponsor Memo

                                
 
BILL NUMBER: S6686

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the executive law, in relation to the
use of body-worn cameras by New York state police officers

 
PURPOSE:

In relation to the usage of body-worn cameras by New York State Police
patrol officers.

 
SUMMARY OF PROVISIONS:

1. The act shall be called the New York state police body-worn cameras
program.

2. The state police shall provide all officers on patrol with body-worn
cameras which shall be recording during all incidents listed in the
bill.

JUSTIFICATION:

Over the course of the last few years, there has been a national conver-
sation surrounding accountability, transparency, and a call for
increased transparency surrounding interactions with the members of the
public, and their respective law enforcement agencies. There have been
numerous cases, where the lack of video or audio recordings in alleged
cases of excessive force by law enforcement have led to a trust deficit
between communities and the police.

As one of the largest state police agencies in the country, the New York
State police should also be one of the first state police departments in
the country, which promote accountability with this measure. There are
many studies, which have been conducted, that show a direct co-relation
between the usage of body-worn cameras and a drop in use of force inci-
dents, and citizen's complaints against police officers. Most recently,
the police department in Rialto, California, conducted a study which
showed that in the test period in which they enacted a policy for patrol
officers to wear body-worn cameras, use of force incidents, and citizen
complaints dropped by 50 and 90 percent respectively.

This bill will mandate the New York State Police's Troopers to use body-
worn cameras while on patrol to promote accountability, and keep video
records of all interactions that Troopers have with individuals who are
stopped on suspicion of a crime, or a traffic violation.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2019-S6686 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6686
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             September 4, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to the use  of  body-worn
   cameras by New York state police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state police body-worn cameras program".
   §  2. The executive law is amended by adding a new section 234 to read
 as follows:
   § 234. NEW YORK STATE POLICE BODY-WORN CAMERAS PROGRAM. 1.   THERE  IS
 HEREBY  CREATED  WITHIN  THE  DIVISION  OF STATE POLICE A NEW YORK STATE
 POLICE BODY-WORN CAMERAS PROGRAM. THE  PURPOSE  OF  THE  PROGRAM  IS  TO
 INCREASE  ACCOUNTABILITY  AND EVIDENCE FOR LAW ENFORCEMENT AND THE RESI-
 DENTS OF THE STATE BY PROVIDING BODY-WORN CAMERAS TO  ALL  STATE  POLICE
 OFFICERS  WHILE  ON  PATROL,  INCLUDING  THE  NEW  YORK STATE UNIVERSITY
 POLICE.
   2. THE DIVISION OF STATE POLICE SHALL PROVIDE BODY-WORN CAMERAS, TO BE
 WORN BY OFFICERS AT ALL TIMES, WHILE ON  PATROL.    SUCH  CAMERAS  SHALL
 RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A PATROL VEHICLE TO INTERACT
 WITH A PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA  INSIDE  SUCH
 VEHICLE WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;

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

                                                            LBD13695-01-9

 S. 6686                             2
 
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I)  ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3. THE ATTORNEY GENERAL SHALL  INVESTIGATE  ANY  INSTANCE  WHERE  BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B)  WHEN  A  MEMBER  OF  THE PUBLIC ASKS SUCH OFFICER TO TURN OFF THE
 CAMERA; PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE  OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5.  THE  DIVISION  OF  STATE  POLICE SHALL PRESERVE RECORDINGS OF SUCH
 BODY-WORN CAMERAS AND PERFORM ALL UPKEEP ON EQUIPMENT USED IN SUCH BODY-
 WORN CAMERAS. SUCH DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S6686A (ACTIVE) - Details

See Assembly Version of this Bill:: A8674
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §234, Exec L

2019-S6686A (ACTIVE) - Summary

2019-S6686A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6686A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to the use of body-worn
cameras by New York state police officers

 
PURPOSE:

In relation to the usage of body-worn cameras by New York State Police
patrol officers.

 
SUMMARY OF PROVISIONS:

1. The act shall be called the New York state police body-worn cameras
program.

2. The state police' shall provide all officers on patrol with body-worn
cameras which shall be recording during all incidents listed in the
bill.

 
JUSTIFICATION:

Over the course of the last few years, there has been a national conver-
sation surrounding accountability, transparency, and a call for
increased transparency surrounding interactions with the members of the
public, and their respective law enforcement agencies. There have been
numerous cases, where the lack of video or audio recordings in alleged
cases of excessive force by law enforcement have led to a trust deficit
between communities and the police.

As one of the largest state police agencies in the country, the New York
State police should also be one of the first state police departments in
the country, which promote accountability with this measure. There are
many studies, which have been conducted, that show a direct co-relation
between the usage of body-worn cameras and a drop in use of force inci-
dents, and citizen's complaints against police officers. Most recently,
the police department in Rialto, California, conducted a study which
showed that in the test period in which they enacted a policy for patrol
officers to wear body-worn cameras, use of force incidents, and citizen
complaints dropped by 50 and 90 percent respectively.

This bill will mandate the New York State Police's Troopers to use body-
worn cameras while on patrol to promote accountability, and keep video
records of all interactions that Troopers have with individuals who are
stopped on suspicion of a crime, or a traffic violation.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2019-S6686A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6686--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             September 4, 2019
                                ___________
 
 Introduced  by  Sens. PARKER, COMRIE, JACKSON, KRUEGER, LIU, MONTGOMERY,
   MYRIE, SALAZAR, SEPULVEDA -- read twice and ordered printed, and  when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation to the use  of  body-worn
   cameras by New York state police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state police body-worn cameras program".
   §  2. The executive law is amended by adding a new section 234 to read
 as follows:
   § 234. NEW YORK STATE POLICE BODY-WORN CAMERAS PROGRAM. 1.   THERE  IS
 HEREBY  CREATED  WITHIN  THE  DIVISION  OF STATE POLICE A NEW YORK STATE
 POLICE BODY-WORN CAMERAS PROGRAM. THE  PURPOSE  OF  THE  PROGRAM  IS  TO
 INCREASE  ACCOUNTABILITY  AND EVIDENCE FOR LAW ENFORCEMENT AND THE RESI-
 DENTS OF THE STATE BY PROVIDING BODY-WORN CAMERAS TO  ALL  STATE  POLICE
 OFFICERS  WHILE  ON  PATROL,  INCLUDING  THE  NEW  YORK STATE UNIVERSITY
 POLICE.
   2. THE DIVISION OF STATE POLICE SHALL PROVIDE BODY-WORN CAMERAS, TO BE
 WORN BY OFFICERS AT ALL TIMES, WHILE ON  PATROL.    SUCH  CAMERAS  SHALL
 RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A PATROL VEHICLE TO INTERACT
 WITH A PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA  INSIDE  SUCH
 VEHICLE WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;

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

                                                            LBD13695-02-0

 S. 6686--A                          2
 
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I)  ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3. THE INTERNAL AFFAIRS DEPARTMENT OF THE  DIVISION  OF  STATE  POLICE
 SHALL  INVESTIGATE  ANY  INSTANCE  WHERE  BODY CAMERAS FAIL TO RECORD AN
 EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH;
   (B) WHEN A MEMBER OF THE PUBLIC ASKS SUCH  OFFICER  TO  TURN  OFF  THE
 CAMERA;  PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED; OR
   (C) WHEN THE OFFICER IS  IN  A  COURTROOM  OR  REPORTING  TO  A  COURT
 SUMMONS.
   5.  (A) THE DIVISION OF STATE POLICE SHALL PRESERVE RECORDINGS OF SUCH
 BODY-WORN CAMERAS FOR THREE YEARS FROM THE DATE OF  SUCH  RECORDING  AND
 PERFORM  ALL  UPKEEP  ON  EQUIPMENT USED IN SUCH BODY-WORN CAMERAS. SUCH
 DUTIES SHALL INCLUDE:
   (I) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (II)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
   (III)  ENSURING  OFFICERS  HAVE  ACCESS  TO  BODY-WORN CAMERAS FOR THE
 RECORDING OF INSTANCES REQUIRED BY THIS SECTION.
   (B) RECORDINGS SHALL BE STORED FOR LONGER  THAN  THREE  YEARS  IF  THE
 VIDEO OR AUDIO FOOTAGE IS EVIDENCE IN ANY EXISTING INVESTIGATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S6686

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

co-Sponsors

2019-S6686 - Details

2019-S6686 - Summary

2019-S6686 - Sponsor Memo

2019-S6686 - Bill Text download pdf

co-Sponsors

2019-S6686A (ACTIVE) - Details

2019-S6686A (ACTIVE) - Summary

2019-S6686A (ACTIVE) - Sponsor Memo

2019-S6686A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

co-Sponsors

2019-S6686 - Details

2019-S6686 - Summary

2019-S6686 - Sponsor Memo

2019-S6686 - Bill Text download pdf

co-Sponsors

2019-S6686A (ACTIVE) - Details

2019-S6686A (ACTIVE) - Summary

2019-S6686A (ACTIVE) - Sponsor Memo

2019-S6686A (ACTIVE) - Bill Text download pdf

Comments