Senate Bill S3253

Signed By Governor
2019-2020 Legislative Session

Relates to recording certain law enforcement activities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2019-S3253 - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8074
2017-2018: S2876

2019-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.

2019-S3253 - Sponsor Memo

2019-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

2019-S3253A (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8074
2017-2018: S2876

2019-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.

2019-S3253A (ACTIVE) - Sponsor Memo

2019-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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