S T A T E O F N E W Y O R K
________________________________________________________________________
8736
I N S E N A T E
July 13, 2020
___________
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 New York state
police body-worn cameras program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 5 of section 234 of the executive law,
as added by chapter 105 of the laws of 2020, are amended to read as
follows:
3. The [attorney general may] INTERNAL AFFAIRS DEPARTMENT OF THE DIVI-
SION OF STATE POLICE SHALL investigate any instance where body cameras
fail to record an event pursuant to this section.
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:
[(a)] (I) creating a secure record of all instances where there is
recorded video or audio footage;
[(b)] (II) ensuring officers have sufficient storage capacity on their
cameras to allow for the recording of interactions required by this
section; and
[(c)] (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 INVESTIGATION OF ANY NATURE.
§ 2. This act shall take effect on the same date and in the same
manner as section 2 of chapter 105 of the laws of 2020, takes effect.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16750-01-0