NY State Senate Bill 2023-S7947

Current Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2024	referred to environmental conservation

co-Sponsors

2023-S7947 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0323, En Con L; add §13.33, Pks & Rec L
Versions Introduced in 2021-2022 Legislative Session:: S8649

2023-S7947 (ACTIVE) - Summary

Relates to the use of body-worn cameras by police officers; requires the department of environmental conservation and the office of parks, recreation and historic preservation establish a program to provide and require officers to wear body-worn cameras while on patrol.

2023-S7947 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7947

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law and the parks, recre-
ation and historic preservation law, in relation to the use of body-worn
cameras by police officers

 
PURPOSE:

In relation to the implementation of a program for body-worn cameras to
be used by police officers of the New York State Park Police, and the
New York State Department of Environmental Conservation Police.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the environmental conservation law by
adding a new section 3-0323.

Section 2 of the bill amends the parks, recreation and historic preser-
vation law by adding a new section 13.33.

Section 3 lays out the effective date.

 
JUSTIFICATION:

Over the course of the last few years, there has been a national conver-
sation surrounding accountability, transparency, and a call for
increased transparency surrounding interactions with the members of the
public, and their respective law enforcement agencies. There have been
numerous cases, where the lack of video or audio recordings in alleged
cases of excessive force by law enforcement have led to a trust deficit
between communities and the'police.

Following the passing into law of the "New York state police body-worn
cameras program" in 2019, expanding this to other state-funded police
agencies is the natural next time in ensuring an equal standard of
accountability. There are many studies, which have been conducted, that
show a direct co-relation between the usage of body-worn cameras and a
drop in use of force incidents, and citizen's complaints against police
officers.

This bill will mandate that the officers of the "New York State Park
Police", and the "New York State Department of Environmental Conserva-
tion Police" to use body-worn cameras while on patrol. This is to
promote accountability, and keep video records of all interactions that
these officers have with individuals who are stopped on suspicion of a
crime, or to interrupt any violation of the laws to be enforced by the
respective policy agency.

 
LEGISLATIVE HISTORY:

2021-22: S8649 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2023-S7947 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7947
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sens. PARKER, HOYLMAN-SIGAL, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the parks, recre-
   ation  and  historic preservation law, in relation to the use of body-
   worn cameras by police officers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 3-0323 to read as follows:
 § 3-0323. POLICE OFFICER BODY-WORN CAMERAS PROGRAM.
   1. THERE IS HEREBY CREATED WITHIN  THE  DEPARTMENT  A  POLICE  OFFICER
 BODY-WORN  CAMERAS  PROGRAM.   THE PURPOSE OF THE PROGRAM IS TO INCREASE
 ACCOUNTABILITY AND EVIDENCE FOR POLICE OFFICERS OF  THE  DEPARTMENT  AND
 THE  RESIDENTS OF THE STATE BY PROVIDING BODY-WORN CAMERAS TO ALL POLICE
 OFFICERS WHILE ON PATROL.
   2. THE DEPARTMENT SHALL PROVIDE BODY-WORN CAMERAS, TO BE WORN BY OFFI-
 CERS AT ALL TIMES, WHILE ON PATROL. SUCH CAMERAS SHALL RECORD:
   (A) IMMEDIATELY BEFORE AN OFFICER EXITS A VEHICLE TO INTERACT  WITH  A
 PERSON  OR SITUATION, EVEN IF THERE IS A DASH CAMERA INSIDE SUCH VEHICLE
 WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B) ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF  A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I)  ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3. THE ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  INSTANCE  WHERE  BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11839-01-3
 S. 7947                             2
 
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B)  WHEN  A  MEMBER  OF  THE PUBLIC ASKS SUCH OFFICER TO TURN OFF THE
 CAMERA; PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE  OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5.  THE DEPARTMENT SHALL PRESERVE RECORDINGS OF SUCH BODY-WORN CAMERAS
 AND PERFORM ALL UPKEEP ON EQUIPMENT USED IN SUCH BODY-WORN CAMERAS. SUCH
 DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   § 2. The parks, recreation and historic preservation law is amended by
 adding a new section 13.33 to read as follows:
   §  13.33  REGIONAL  STATE  PARK POLICE BODY-WORN CAMERAS PROGRAM.   1.
 THERE IS HEREBY CREATED WITHIN THE OFFICE A REGIONAL STATE  PARK  POLICE
 BODY-WORN  CAMERAS  PROGRAM.  THE  PURPOSE OF THE PROGRAM IS TO INCREASE
 ACCOUNTABILITY AND EVIDENCE FOR OFFICERS AND THE RESIDENTS OF THE  STATE
 BY  PROVIDING  BODY-WORN CAMERAS TO ALL REGIONAL STATE PARK POLICE OFFI-
 CERS WHILE ON PATROL.
   2. THE OFFICE SHALL PROVIDE BODY-WORN CAMERAS, TO BE WORN BY  OFFICERS
 AT ALL TIMES, WHILE ON PATROL. SUCH CAMERAS SHALL RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A VEHICLE TO INTERACT WITH A
 PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA INSIDE SUCH  VEHICLE
 WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I) ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE  NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3.  THE  ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  INSTANCE WHERE BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B) WHEN A MEMBER OF THE PUBLIC ASKS SUCH  OFFICER  TO  TURN  OFF  THE
 CAMERA;  PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5. THE OFFICE SHALL PRESERVE RECORDINGS OF SUCH BODY-WORN CAMERAS  AND
 PERFORM  ALL  UPKEEP  ON  EQUIPMENT USED IN SUCH BODY-WORN CAMERAS. SUCH
 DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
 S. 7947                             3
 
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S7947

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2023-S7947 (ACTIVE) - Details

2023-S7947 (ACTIVE) - Summary

2023-S7947 (ACTIVE) - Sponsor Memo

2023-S7947 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7947

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Brad Hoylman-Sigal

Luis R. Sepúlveda

2023-S7947 (ACTIVE) - Details

2023-S7947 (ACTIVE) - Summary

2023-S7947 (ACTIVE) - Sponsor Memo

2023-S7947 (ACTIVE) - Bill Text download pdf

Comments