S T A T E O F N E W Y O R K
________________________________________________________________________
3806
2023-2024 Regular Sessions
I N A S S E M B L Y
February 8, 2023
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to photographing or recording
a law enforcement officer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 195.05 of the penal law, as amended by chapter 269
of the laws of 1998, is amended to read as follows:
§ 195.05 Obstructing governmental administration in the second degree.
1. A person is guilty of obstructing governmental administration IN
THE SECOND DEGREE when he intentionally obstructs, impairs or perverts
the administration of law or other governmental function or prevents or
attempts to prevent a public servant from performing an official func-
tion, by means of intimidation, physical force or interference, or by
means of any independently unlawful act, or by means of interfering,
whether or not physical force is involved, with radio, telephone, tele-
vision or other telecommunications systems owned or operated by the
state, or a county, city, town, village, fire district or emergency
medical service or by means of releasing a dangerous animal under
circumstances evincing the actor's intent that the animal obstruct
governmental administration.
2. A PERSON IS PERMITTED TO EXERCISE THEIR RIGHT TO PHOTOGRAPH OR
RECORD A LAW ENFORCEMENT OFFICER PERFORMING THEIR DUTIES WHILE THE OFFI-
CER IS IN A PUBLIC PLACE OR PUBLIC VIEW, OR THE PERSON IS IN A PRIVATE
PLACE THE PERSON HAS THE RIGHT TO BE.
(A) IF SUCH PHOTOGRAPHY OR RECORDING OCCURS, AN OFFICER SHALL NOT:
(I) INTENTIONALLY HINDER, PREVENT, OR OBSTRUCT THE PERSON FROM TAKING
A PHOTOGRAPH OR MAKING A RECORDING;
(II) DETAIN, ARREST, THREATEN, INTIMIDATE, OR OTHERWISE HARASS SUCH
PERSON;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07861-01-3
A. 3806 2
(III) SEARCH OR SEIZE THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
TAKE THE PHOTOGRAPH OR MAKE THE RECORDING WITHOUT SUCH PERSON'S PERMIS-
SION OR A WARRANT; OR
(IV) DAMAGE OR DESTROY THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
TAKE THE PHOTOGRAPH OR MAKE THE RECORDING.
(B) THIS SUBDIVISION SHALL NOT APPLY TO A PERSON IF AN OFFICER IS IN
THE ACT OF PLACING SUCH PERSON UNDER ARREST OR THE PERSON IS UNDER
ARREST.
(C) IF AN OFFICER VIOLATES THIS SUBDIVISION, SUCH PERSON SHALL HAVE A
CIVIL CAUSE OF ACTION AGAINST THE OFFICER AND THE OFFICER'S LAW ENFORCE-
MENT AGENCY.
Obstructing governmental administration IN THE SECOND DEGREE is a
class A misdemeanor.
§ 2. This act shall take effect immediately.