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

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
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

view votes

Feb 8, 2022 - Judiciary committee Vote

S727B
10
2
committee
10
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Feb 8, 2022

nay (2)
aye wr (3)

Co-Sponsors

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 2019-2020 Legislative Session:
S3139

S727 - Summary

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

S727 - Sponsor Memo

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

Co-Sponsors

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 2019-2020 Legislative Session:
S3139

S727A - Summary

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

S727A - Sponsor Memo

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

Co-Sponsors

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 2019-2020 Legislative Session:
S3139

S727B (ACTIVE) - Summary

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

S727B (ACTIVE) - Sponsor Memo

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

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