senate Bill S3253A

Signed By Governor
2019-2020 Legislative Session

Relates to recording certain law enforcement activities

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2020 signed chap.100
delivered to governor
Jun 08, 2020 returned to senate
passed assembly
ordered to third reading cal.70
substituted for a1360a
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.678
reported and committed to rules
Mar 10, 2020 print number 3253a
Mar 10, 2020 amend and recommit to codes
Jan 08, 2020 referred to codes
Feb 05, 2019 referred to codes

Co-Sponsors

S3253 - Details

See Assembly Version of this Bill:
A1360
Law Section:
Civil Rights Law
Laws Affected:
Add §79-p, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8074, A10387
2017-2018: S2876, A2448

S3253 - Summary

Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.

S3253 - Sponsor Memo

S3253 - Bill Text download pdf


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

                                  3253

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN  ACT  to amend the civil rights law, in relation to recording certain
  law enforcement activities

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

  Section  1.  This  act  shall  be  known  and may be cited as the "New
Yorker's right to monitor act".
  § 2. The civil rights law is amended by adding a new section  79-o  to
read as follows:
  §  79-O. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY  OFFI-
CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE-
MENT ACTIVITY;
  (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING
UNDER THE COLOR OF LAW; AND
  (C)  "RECORD"  MEANS  TO  CAPTURE  OR ATTEMPT TO CAPTURE ANY MOVING OR
STILL IMAGE, SOUND, OR IMPRESSION  THROUGH  THE  USE  OF  ANY  RECORDING
DEVICE,  CAMERA,  OR ANY OTHER DEVICE CAPABLE OF CAPTURING AUDIO, MOVING
OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS.
  2. RIGHT TO RECORD LAW ENFORCEMENT RELATED ACTIVITIES.  A  PERSON  NOT
UNDER  ARREST  OR  IN  THE CUSTODY OF A LAW ENFORCEMENT OFFICIAL HAS THE
RIGHT TO RECORD LAW ENFORCEMENT ACTIVITY AND  TO  MAINTAIN  CUSTODY  AND
CONTROL  OF  THAT  RECORDING  AND OF ANY PROPERTY OR INSTRUMENTS USED BY
THAT PERSON TO RECORD LAW  ENFORCEMENT  ACTIVITIES,  PROVIDED,  HOWEVER,
THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE,
FORFEIT  THE  RIGHT  TO HAVE ANY SUCH RECORDINGS, PROPERTY AND EQUIPMENT
MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL
BE CONSTRUED TO PERMIT A PERSON TO ENGAGE  IN  ACTIONS  THAT  PHYSICALLY
INTERFERE  WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A CRIME
DEFINED IN THE PENAL LAW  INVOLVING  OBSTRUCTING  GOVERNMENTAL  ADMINIS-
TRATION.

Co-Sponsors

view additional co-sponsors

S3253A (ACTIVE) - Details

See Assembly Version of this Bill:
A1360
Law Section:
Civil Rights Law
Laws Affected:
Add §79-p, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8074, A10387
2017-2018: S2876, A2448

S3253A (ACTIVE) - Summary

Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.

S3253A (ACTIVE) - Sponsor Memo

S3253A (ACTIVE) - Bill Text download pdf


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

                                 3253--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Codes -- recom-
  mitted to the Committee on Codes 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 civil rights law, in relation to  recording  certain
  law enforcement activities

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

  Section 1. This act shall be known  and  may  be  cited  as  the  "New
Yorker's right to monitor act".
  §  2.  The civil rights law is amended by adding a new section 79-p to
read as follows:
  § 79-P. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY OFFI-
CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE-
MENT ACTIVITY;
  (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING
UNDER THE COLOR OF LAW; AND
  (C) "RECORD" MEANS TO CAPTURE OR ATTEMPT  TO  CAPTURE  ANY  MOVING  OR
STILL  IMAGE,  SOUND,  OR  IMPRESSION  THROUGH  THE USE OF ANY RECORDING
DEVICE, CAMERA, OR ANY OTHER DEVICE CAPABLE OF CAPTURING  AUDIO,  MOVING
OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS.
  2.  RIGHT  TO  RECORD LAW ENFORCEMENT RELATED ACTIVITIES. A PERSON NOT
UNDER ARREST OR IN THE CUSTODY OF A LAW  ENFORCEMENT  OFFICIAL  HAS  THE
RIGHT  TO  RECORD  LAW  ENFORCEMENT ACTIVITY AND TO MAINTAIN CUSTODY AND
CONTROL OF THAT RECORDING AND OF ANY PROPERTY  OR  INSTRUMENTS  USED  BY
THAT  PERSON  TO  RECORD  LAW ENFORCEMENT ACTIVITIES, PROVIDED, HOWEVER,
THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE,
FORFEIT THE RIGHT TO HAVE ANY SUCH RECORDINGS,  PROPERTY  AND  EQUIPMENT

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

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