Senate Bill S8493

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8493
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- 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.
   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;
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13695-08-0

 S. 8493                             2
 
   3. THE ATTORNEY  GENERAL  MAY  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 first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.