Assembly Bill A9728

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9728
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  enacting  the  "keep
   police radio public act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "keep
 police radio public act".
   §  2.  The  executive  law is amended by adding a new section 222-a to
 read as follows:
   § 222-A. LAW ENFORCEMENT COMMUNICATIONS PUBLIC ACCESS.    1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "DULY AUTHORIZED MEDIA REPRESENTATIVE  OR  ORGANIZATION"  MEANS  A
 DULY AUTHORIZED REPRESENTATIVE OR ORGANIZATION OF ANY PRINT, DIGITAL, OR
 BROADCAST NEWS SERVICE.
   (B)  "EMERGENCY SERVICES ORGANIZATION" MEANS A PUBLIC OR PRIVATE AGEN-
 CY, VOLUNTARY ORGANIZATION OR GROUP ORGANIZED AND  FUNCTIONING  FOR  THE
 PURPOSE  OF PROVIDING FIRE, MEDICAL, AMBULANCE, RESCUE, HOUSING, FOOD OR
 OTHER SERVICES DIRECTED TOWARD RELIEVING HUMAN SUFFERING, INJURY OR LOSS
 OF LIFE OR DAMAGE TO PROPERTY AS A RESULT  OF  AN  EMERGENCY,  INCLUDING
 NON-PROFIT  AND  GOVERNMENTALLY-SUPPORTED  ORGANIZATIONS,  BUT EXCLUDING
 GOVERNMENTAL AGENCIES.
   (C) "ENCRYPTION" MEANS THE  ENCODING  OF  VOICE  COMMUNICATION  ON  AN
 ANALOG  OR DIGITALLY MODULATED RADIO CARRIER, WHICH RENDERS THE COMMUNI-
 CATION DIFFICULT OR IMPOSSIBLE TO BE MONITORED BY COMMERCIALLY AVAILABLE
 RADIO RECEIVERS OR SCANNERS.
   (D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY  OR  DEPARTMENT  OF  ANY
 MUNICIPALITY,  ANY  POLICE  DISTRICT, OR ANY AGENCY, DEPARTMENT, COMMIS-
 SION, AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE OF  NEW  YORK
 EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (E) "RADIO COMMUNICATIONS" MEANS VERBAL COMMUNICATIONS THAT ARE BROAD-
 CAST  OVER  A  RADIO  FREQUENCY  EITHER  FROM A DISPATCH CENTER TO FIELD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13622-01-3
 A. 9728                             2
 
 PERSONNEL, FROM FIELD PERSONNEL TO A DISPATCH CENTER, OR  BETWEEN  FIELD
 PERSONNEL,  AND ARE ACCESSIBLE TO ALL PERSONNEL MONITORING THAT FREQUEN-
 CY. "RADIO  COMMUNICATIONS"  DOES  NOT  INCLUDE  PRIVATE  COMMUNICATIONS
 BETWEEN TWO DEVICES, SUCH AS A CELLULAR TELEPHONE, OR THE TRANSMITTAL OF
 DATA  TO  OR FROM A MOBILE DATA TERMINAL, TABLET, TEXT MESSAGING DEVICE,
 OR SIMILAR DEVICE.
   (F) "SENSITIVE INFORMATION" MEANS ANY PORTION OF A RADIO COMMUNICATION
 THAT, IF DISCLOSED, WOULD:
   I. DEPRIVE A PERSON OF A RIGHT TO A FAIR TRIAL  OR  IMPARTIAL  ADJUDI-
 CATION;
   II.  IDENTIFY  A CONFIDENTIAL SOURCE OR DISCLOSE CONFIDENTIAL INFORMA-
 TION RELATING TO A CRIMINAL INVESTIGATION; AND
   III. REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  EXCEPT
 ROUTINE TECHNIQUES AND PROCEDURES.
   2.  ANY  LAW ENFORCEMENT AGENCY IN THE STATE THAT ENCRYPTS ANY PORTION
 OF ITS RADIO COMMUNICATIONS SHALL ADOPT A WRITTEN RADIO ENCRYPTION POLI-
 CY THAT MEETS THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS  SUBDI-
 VISION:
   (A)  THE  LAW  ENFORCEMENT AGENCY SHALL ENSURE THAT ALL RADIO COMMUNI-
 CATIONS, WITH THE EXCEPTION OF SENSITIVE INFORMATION, ARE ACCESSIBLE, IN
 REAL TIME, TO DULY AUTHORIZED MEDIA REPRESENTATIVES OR ORGANIZATIONS AND
 TO EMERGENCY SERVICES ORGANIZATIONS. IN THE EVENT THAT A LAW ENFORCEMENT
 AGENCY DOES ENCRYPT RADIO COMMUNICATIONS PURSUANT TO  THIS  SUBDIVISION,
 THE DEPARTMENT OF STATE SHALL, FOR THE PURPOSE OF VERIFYING CREDENTIALS,
 ESTABLISH  AND  ADMINISTER  A  PROCESS  FOR GRANTING REAL-TIME ACCESS TO
 RADIO COMMUNICATIONS TO DULY AUTHORIZED MEDIA REPRESENTATIVES OR  ORGAN-
 IZATIONS  AND  TO  EMERGENCY SERVICES ORGANIZATIONS.  SUCH A PROCESS FOR
 GRANTING ACCESS SHALL TAKE NO MORE THAN FIVE BUSINESS DAYS TO COMPLETE.
   (B) THE LAW ENFORCEMENT AGENCY SHALL ENSURE THAT  ALL  RADIO  COMMUNI-
 CATIONS,  WITH THE EXCEPTION OF SENSITIVE INFORMATION, ARE ACCESSIBLE TO
 THE GENERAL PUBLIC UP TO, BUT NO GREATER THAN, TEN  MINUTES  AFTER  SUCH
 COMMUNICATIONS TOOK PLACE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.