Senate Bill S2305

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2305
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  COMRIE,  HOYLMAN-SIGAL  -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04103-01-3
              

 S. 2305                             2
 
 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.