NY State Senate Bill S8493

Archive: Last 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 (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2020	signed chap.105 delivered to governor
Jun 09, 2020	returned to senate passed assembly ordered to third reading rules cal.64 substituted for a8674a referred to codes delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.749
Jun 06, 2020	committee discharged and committed to finance referred to rules

Votes

view votes

Jun 9, 2020 - floor Vote

S8493

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2020 - Finance committee Vote

S8493

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 28, 2020 - Rules committee Vote

S8493

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S8493 (ACTIVE) - Details

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

S8493 (ACTIVE) - 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.

S8493 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8493

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:

Section 1 of the bill identifies the act as the "New York state police
body-worn cameras program"

Section 2 of the bill requires the state police provide all officers
with body cameras and establishes policies of how and when they are to
be used.

Section 3 is the effective date.

 
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:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

S8493 (ACTIVE) - Bill Text download pdf


                    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.

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The New York State Senate

senate Bill S8493

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

Jun 8, 2020 - Finance committee Vote

Finance Committee Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Co-Sponsors

S8493 (ACTIVE) - Details

S8493 (ACTIVE) - Summary

S8493 (ACTIVE) - Sponsor Memo

S8493 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8493

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Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

Jun 8, 2020 - Finance committee Vote

Finance Committee Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Co-Sponsors

S8493 (ACTIVE) - Details

S8493 (ACTIVE) - Summary

S8493 (ACTIVE) - Sponsor Memo

S8493 (ACTIVE) - Bill Text download pdf

Comments