NY State Senate Bill 2021-S1987

Archive: Last Bill Status - In Senate Committee Codes Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 16, 2021	referred to codes

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2021-S1987 (ACTIVE) - Details

See Assembly Version of this Bill:: A5621
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §215.40, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8584, A10596
2023-2024: S1990, A677
2025-2026: S6773, A1426

2021-S1987 (ACTIVE) - Summary

Includes a police or peace officers turning off his or her body camera or deleting a body camera recording in the crime of tampering with physical evidence.

2021-S1987 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1987

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the penal law, in relation to tampering with physical
evidence

 
PURPOSE:

This is meant to preserve and maintain the integrity of body camera
footage that is meant to serve as a monitor of police activity for both
the safety of the police officer and civilian. As such, it is vital to
preserve and maintain the integrity of the body camera footage in the
event where police may be involved in criminal activity and/or has been
suspected of engaging in police brutality.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 215.40 of the Penal Law to include the tamper-
ing of physical evidence to apply to a police officer or peace officer

who either turns off a body camera in a situation where it is the policy
of such officer's department or agency that such body camera should be
recording, or where such officer deletes a body camera recording.

Section 2 is the effective date.

 
JUSTIFICATION:

New York City was one of the first cities to implement body cameras on
their officers. In furtherance and recognition of the adaptation of body
cameras by other police departments, in addition to New York City, it
has become crucial to ensure that the footage taken on these body
cameras is maintained.

For body cameras to be effective, they must be running from the time the
officer begins an interaction with a civilian until the booking or
release of such civilian. Only then can the body camera serve as a prop-
er monitor. Furthermore, in order for body camera footage to serve its
purpose, it must be preserved and maintained in the event it is needed
for impending disciplinary or criminal charges. This footage will be
crucial to ensure that all interactions are monitored for the safety of
both the officer and civilian.

 
LEGISLATIVE HISTORY:

2019-2020: S.8584 - Referred to Rules/A.10596 - Referred to Codes

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S1987 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1987
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, HOYLMAN, RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT  to  amend the penal law, in relation to tampering with physical
   evidence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  215.40  of  the  penal law is amended to read as
 follows:
 § 215.40 Tampering with physical evidence.
   A person is guilty of tampering with physical evidence when:
   1. With intent that it be used or introduced in an official proceeding
 or a prospective official proceeding, he (a) knowingly makes, devises or
 prepares false  physical  evidence,  or  (b)  produces  or  offers  such
 evidence at such a proceeding knowing it to be false; or
   2. Believing that certain physical evidence is about to be produced or
 used in an official proceeding or a prospective official proceeding, and
 intending to prevent such production or use, he suppresses it by any act
 of concealment, alteration or destruction, or by employing force, intim-
 idation or deception against any person; OR
   3.  SUCH  PERSON  IS  A POLICE OR PEACE OFFICER AND EITHER TURNS OFF A
 BODY CAMERA IN A SITUATION WHERE IT IS  THE  POLICY  OF  SUCH  OFFICER'S
 DEPARTMENT OR AGENCY THAT SUCH BODY CAMERA SHOULD BE RECORDING, OR WHERE
 SUCH OFFICER DELETES A BODY CAMERA RECORDING.
   Tampering with physical evidence is a class E felony.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02349-01-1

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Senate Bill S1987

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2021-S1987 (ACTIVE) - Details

2021-S1987 (ACTIVE) - Summary

2021-S1987 (ACTIVE) - Sponsor Memo

2021-S1987 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert Jackson

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Brad Hoylman-Sigal

Kevin S. Parker

Jessica Ramos

Gustavo Rivera

2021-S1987 (ACTIVE) - Details

2021-S1987 (ACTIVE) - Summary

2021-S1987 (ACTIVE) - Sponsor Memo

2021-S1987 (ACTIVE) - Bill Text download pdf

Comments