S T A T E O F N E W Y O R K
________________________________________________________________________
1934
2021-2022 Regular Sessions
I N A S S E M B L Y
January 13, 2021
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to recordings found on police cameras and estab-
lishing the Panel of Experts on the Use and Disclosure of Recorded
Video, Digital Audio, Film and Photographs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (i) of section 3101 of the civil practice law
and rules, as added by chapter 574 of the laws of 1993, is amended to
read as follows:
(i) In addition to any other matter which may be subject to disclo-
sure, there shall be full disclosure of any films, photographs, video
tapes [or], audio tapes, OR ALL RECORDINGS FOUND ON A POLICE OR PEACE
OFFICER'S BODY CAMERA AND/OR CAMERA INSTALLED IN A POLICE OR PEACE OFFI-
CER'S VEHICLE, including transcripts or memoranda thereof, involving a
person referred to in paragraph one of subdivision (a) of this section.
There shall be disclosure of all portions of such material, including
out-takes, rather than only those portions a party intends to use. The
provisions of this subdivision shall not apply to materials compiled for
law enforcement purposes which are exempt from disclosure under section
eighty-seven of the public officers law.
§ 2. Paragraph (g) of subdivision 1 of section 245.20 of the criminal
procedure law, as amended by section 2 of part HHH of chapter 56 of the
laws of 2020, is amended to read as follows:
(g) All tapes or other electronic recordings, including all electronic
recordings of 911 telephone calls made or received in connection with
the alleged criminal incident AND ALL RECORDINGS FOUND ON A POLICE OR
PEACE OFFICER'S BODY CAMERA AND/OR CAMERA INSTALLED IN A POLICE OR PEACE
OFFICER'S VEHICLE, and a designation by the prosecutor as to which of
the recordings under this paragraph the prosecution intends to introduce
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02338-02-1
A. 1934 2
at trial or a pre-trial hearing. If the discoverable materials under
this paragraph exceed ten hours in total length, the prosecution may
disclose only the recordings that it intends to introduce at trial or a
pre-trial hearing, along with a list of the source and approximate quan-
tity of other recordings and their general subject matter if known, and
the defendant shall have the right upon request to obtain recordings not
previously disclosed. The prosecution shall disclose the requested mate-
rials as soon as practicable and not less than fifteen calendar days
after the defendant's request, unless an order is obtained pursuant to
section 245.70 of this article. The prosecution may withhold the names
and identifying information of any person who contacted 911 without the
need for a protective order pursuant to section 245.70 of this article,
provided, however, the defendant may move the court for disclosure. If
the prosecution intends to call such person as a witness at a trial or
hearing, the prosecution must disclose the name and contact information
of such witness no later than fifteen days before such trial or hearing,
or as soon as practicable.
§ 3. a. The attorney general shall establish a panel entitled the
"Panel of Experts on the Use and Disclosure of Recorded Video, Digital
Audio, Film and Photographs". The panel shall consist of at least 15
members selected by the attorney general and appointed from the follow-
ing fields:
(1) attorneys practicing or having practiced in the field of criminal
defense;
(2) former police officers;
(3) former district attorneys;
(4) public advocates;
(5) attorneys practicing or having practiced in the field of civil
rights;
(6) experts in videography; and
(7) experts in digital audio recording.
b. The panel shall develop and propose statewide uniform regulations
and rules regarding the use and disclosure of:
(1) all content from body cameras or any recording device worn by a
police officer or peace officer during the execution of his or her
duties, including, but not limited to, recordings, films, photographs,
videotapes and/or audiotapes; and
(2) all content from cameras or recording devices used at any facility
by police officers or peace officers during the execution of their
duties.
c. All state, county, city and town law enforcement departments shall
adopt as their standard operating procedures the statewide uniform regu-
lations and rules proposed by the panel within ninety days of the final-
ization of such operating procedures.
§ 4. This act shall take effect immediately.