NY State Senate Bill 2021-S727B

Senate Bill S727B

2021-2022 Legislative Session

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Feb 14, 2022	advanced to third reading
Feb 09, 2022	2nd report cal.
Feb 08, 2022	1st report cal.447
Jan 05, 2022	referred to judiciary
Jun 04, 2021	print number 727b
Jun 04, 2021	amend (t) and recommit to judiciary
Jan 12, 2021	print number 727a
Jan 12, 2021	amend (t) and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

- Feb 8, 2022 - Judiciary Committee Vote
  S727B
  
  10
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 8, 2022
      
      aye (10)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Myrie
      
      Sepúlveda
      
      Skoufis
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Palumbo
      
      aye wr (3)
      
      Kaplan
      
      Lanza
      
      Oberacker

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S727 - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3139
2023-2024: S2305

2021-S727 - Summary

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras.

2021-S727 - Sponsor Memo

                                
 
BILL NUMBER: S727

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
recordings found on police cameras and establishing the Panel of Experts
on the Use and Disclosure of Recorded Video, Digital Audio, Film and
Photographs

 
PURPOSE:

The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officer's body
camera as well as any camera installed in a police or peace officers
vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision (i) of § 3101 of the civil
practice law and rules to require that all recordings found on a police

or peace officer's body and/or camera installed in a police or peace
officer's vehicle, be subject to full disclosure.

Section two of the bill directs the attorney general to establish the
"Panel of Experts on the Use and Disclosure of Recorded Video, Digital
Audio, Film and Photograms" consisting of fifteen members selected by
the attorney general including past or present criminal defense attor-
neys, former police officers, former district attorneys, public advo-
cates, past or present civil rights attorneys, experts in videography,
and experts in digital audio recordings to develop statewide uniform
rules and regulations regarding the use and disclosure of content from
body cameras and any cameras or recording devices used by police or
peace officers at any facility during the execution of their duties.
This section also requires that once such statewide uniform rules and
regulations proposed by the panel have been finalized, all state, coun-
ty, city, and town law enforcement would be required to implement such
regulations and rules within ninety days.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

Given recent events, police body cameras and police vehicle mounted
cameras have become integral pieces of evidence in certain criminal and
civil proceedings and investigations.This bill requires the full disclo-
sure of 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 for
its presentation as evidence in any matter subject to disclosure. Pres-
ervation of this recording evidence is imperative to a fair judicial
process, and will ensure that parties in a related criminal or civil
proceeding or investigation, including, but not limited to, grand
juries, prosecutors; and defendants have this crucial information.
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle will provide
for greater accountability and transparency in the legal process. The
establishment of statewide uniform regulations and rules will provide
the public with confidence that the materials recorded by police and

peace officers will be appropriately preserved and available for use in
the judicial process.

 
LEGISLATIVE HISTORY:

2019/2020: A1341 - Referred to Judiciary/ S3139 - Referred to Judiciary

2017-2018: A.2825 - Referred to Judiciary

2015-2016: A.7682-A - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S727 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    727
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, COMRIE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
   recordings found on police  cameras  and  establishing  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.  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02338-01-1

 S. 727                              2
 
   (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.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S727A - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3139
2023-2024: S2305

2021-S727A - Summary

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras.

2021-S727A - Sponsor Memo

                                
 
BILL NUMBER: S727A

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officer's body
camera as well as any camera installed in a police or peace officers
vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision (i) of § 3101 of the civil
practice law and rules to require that all recordings found on a police

or peace officer's body and/or camera installed in a police or peace
officer's vehicle, be subject to full disclosure.

Section two amends paragraph (g) of subdivision 1 of 245.20 of the CPL,
as amended by part HHH of chapter 56 of the laws of 2020 to include
recordings from police or peace officer body cameras and cameras
installed in their vehicles.

Section three of the bill directs the attorney general to establish the
"Panel of Experts on the Use and Disclosure of Recorded Video, Digital
Audio, Film and Photograms" consisting of fifteen members selected by
the attorney general including past or present criminal defense attor-
neys, former police officers, former district attorneys, public advo-
cates, past or present civil rights attorneys, experts in videography,
and experts in digital audio recordings to develop statewide uniform
rules and regulations regarding the use and disclosure of content from
body cameras and any cameras or recording devices used by police or
peace officers at any facility during the execution of their duties.
This section also requires that once such statewide uniform rules and
regulations proposed by the panel have been finalized, all state, coun-
ty, city, and town law enforcement would be required to implement such
regulations and rules within ninety days.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

Given recent events, police body cameras and police vehicle mounted
cameras have become integral pieces of evidence in certain criminal and
civil proceedings and investigations. This bill requires the full
disclosure of 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 for its presentation as evidence in any matter subject to disclo-
sure.  Preservation of this recording evidence is imperative to a fair
judicial process, and will ensure that parties in a related criminal or
civil proceeding or investigation, including, but not limited to, grand
juries, prosecutors, and defendants have this crucial information.
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle will provide
for greater accountability and transparency in the legal process. The
establishment of statewide uniform regulations and rules will provide
the public with confidence that the materials recorded by police and
peace officers will be appropriately preserved and available for use in
the judicial process.

 
LEGISLATIVE HISTORY:

2019/2020: A1341 - Referred to Judiciary/ S3139 - Referred to Judiciary
2017-2018: A.2825 - Referred to Judiciary
2015-2016: A.7682-A - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S727A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  727--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, COMRIE -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Judiciary -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02338-03-1

 S. 727--A                           2
 
 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
 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.

co-Sponsors

2021-S727B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3139
2023-2024: S2305

2021-S727B (ACTIVE) - Summary

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras.

2021-S727B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S727B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil practice law and rules and the criminal proce-
dure law, in relation to recordings found on police cameras

 
PURPOSE:

The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officer's body
camera as well as any camera installed in a police or peace officers
vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision (i) of § 3101 of the civil
practice law and rules to require that all recordings found on a police
or peace officer's body and/or camera installed in a police or peace
officer's vehicle, be subject to full disclosure.

Section two of the bill amends paragraph (g) of subdivision 1 of §
240.20 of the criminal procedure law to require that all recordings
found on a police or peace officer's body and/or camera installed in a
police or peace officer's vehicle, be subject to full disclosure.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

Given recent events, police body cameras and police vehicle mounted
cameras have become integral pieces evidence in certain criminal and
civil proceedings and investigations. This bill requires the lull
disclosure of 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 for its presentation as evidence in any matter subject to disclo-
sure. Preservation of this recording evidence is imperative to a fair
judicial process, and will ensure that parties in a related criminal or
civil proceeding or investigation, including, but not limited to, grand
juries, prosecutors, and defendants have this crucial information..
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle will provide
for greater accountability and transparency in the legal process. The
establishment of statewide uniform regulations and rules will provide
the public with confidence that the materials recorded by police and
peace officers will be appropriately preserved and available for use in
the judicial process.

 
LEGISLATIVE HISTORY:

2019/2020: A1341 - Referred to Judiciary/ S3139 - Referred to Judiciary

2017-2018: A.2825 - Referred to Judiciary

2015-2016: A.7682-A - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S727B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  727--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  COMRIE, HOYLMAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to recordings found on police cameras
 
   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, INCLUDING, BUT NOT LIMITED TO, ALL RECORDINGS MADE
 OR  RECEIVED  IN  CONNECTION  WITH A POLICE OR PEACE OFFICER'S BODY WORN
 CAMERA AND/OR A CAMERA INSTALLED IN OR ON A POLICE  OR  PEACE  OFFICER'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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02338-08-1

 S. 727--B                           2
 
 the  alleged  criminal  incident  AND INCLUDING, BUT NOT LIMITED TO, ALL
 RECORDINGS MADE OR RECEIVED IN CONNECTION WITH A POLICE OR  PEACE  OFFI-
 CER'S  BODY  WORN  CAMERA  AND/OR  CAMERA INSTALLED IN OR ON 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 intro-
 duce  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
 quantity  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
 materials 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. This act shall take effect immediately.

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Senate Bill S727B

Share this bill

Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Leroy Comrie

2021-S727 - Details

2021-S727 - Summary

2021-S727 - Sponsor Memo

2021-S727 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

2021-S727A - Details

2021-S727A - Summary

2021-S727A - Sponsor Memo

2021-S727A - Bill Text download pdf

co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

2021-S727B (ACTIVE) - Details

2021-S727B (ACTIVE) - Summary

2021-S727B (ACTIVE) - Sponsor Memo

2021-S727B (ACTIVE) - Bill Text download pdf

Comments