Assembly Bill A11199

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11199--A
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the executive law, in relation to enacting the "police
   radio transparency 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 "police
 radio transparency act".
   § 2. The executive law is amended by adding a  new  section  222-a  to
 read as follows:
   §  222-A.  LAW  ENFORCEMENT RADIO COMMUNICATIONS TRANSPARENCY.  1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "EMERGENCY SERVICES ORGANIZATION" SHALL HAVE THE SAME  MEANING  AS
 SET FORTH IN SECTION TWENTY OF THIS CHAPTER.
   (B)  "ENCRYPTION" SHALL MEAN 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.
   (C)  "LAW  ENFORCEMENT  AGENCY" SHALL MEAN ANY AGENCY OR DEPARTMENT OF
 ANY MUNICIPALITY,  ANY  POLICE  DISTRICT,  OR  ANY  AGENCY,  DEPARTMENT,
 COMMISSION,  AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW
 YORK EMPLOYING AT LEAST TWENTY-FIVE POLICE  OFFICERS  AS  THAT  TERM  IS
 DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
 PROCEDURE LAW.  "LAW ENFORCEMENT AGENCY" SHALL NOT INCLUDE  THE  DEPART-
 MENT OF CORRECTIONS.
   (D) "PROFESSIONAL JOURNALIST" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SUBDIVISION SIX OF SECTION SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.
   (E)  "NEWSCASTER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI-
 SION SEVEN OF SECTION SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.
   (F) "NEWSGATHERING ORGANIZATION" SHALL MEAN AN ORGANIZATION OR  ENTITY
 THAT  GATHERS AND REPORTS THE NEWS BY PUBLISHING, BROADCASTING OR CABLE-
 CASTING ARTICLES, COMMENTARIES, BOOKS, PHOTOGRAPHS, VIDEO, FILM OR AUDIO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15666-03-6
 A. 11199--A                         2
 
 BY ELECTRONIC, PRINT OR DIGITAL MEDIA, SUCH AS RADIO, TELEVISION,  NEWS-
 PAPERS,  MAGAZINES,  WIRE,  BOOKS  AND THE INTERNET. FOR THE PURPOSES OF
 THIS SECTION, SUCH AN ORGANIZATION OR ENTITY SHALL NOT BE DEEMED A NEWS-
 GATHERING ORGANIZATION UNLESS IT IS COVERED BY A LIBEL INSURANCE POLICY.
   (G)  "RADIO  COMMUNICATIONS" SHALL MEAN COMMUNICATIONS THAT ARE BROAD-
 CAST OVER A RADIO FREQUENCY EITHER FROM  A  DISPATCH  CENTER  TO  POLICE
 OFFICERS,  FROM  POLICE OFFICERS TO A DISPATCH CENTER, OR BETWEEN POLICE
 OFFICERS, AND ARE ACCESSIBLE TO ALL PERSONNEL MONITORING THAT FREQUENCY.
 "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 SIMI-
 LAR DEVICE.
   (H) "SENSITIVE INFORMATION" SHALL MEAN ANY PORTION OF A RADIO COMMUNI-
 CATION 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;
   III. REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  EXCEPT
 ROUTINE TECHNIQUES AND PROCEDURES;
   IV. REVEAL THE LOCATION, ACTIVITY OR IDENTITY OF UNDERCOVER OPERATIONS
 OR UNDERCOVER PERSONNEL; OR
   V.  REVEAL  THE LOCATION AND MOVEMENT OF GOVERNMENT OFFICIALS THAT ARE
 NOT OTHERWISE MADE PUBLIC.
   2. ANY LAW ENFORCEMENT AGENCY IN THE STATE THAT ENCRYPTS  ANY  PORTION
 OF  ITS RADIO COMMUNICATIONS SHALL ENSURE THAT ALL OF ITS RADIO COMMUNI-
 CATIONS, WITH THE EXCEPTION OF SENSITIVE INFORMATION, MAY  BE  MONITORED
 IN  REAL  TIME BY PROFESSIONAL JOURNALISTS, NEWSCASTERS, AND INDIVIDUALS
 EMPLOYED BY EMERGENCY SERVICES ORGANIZATIONS.
   3. THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE DIVISION OF STATE
 POLICE, SHALL PROMULGATE RULES AND REGULATIONS TO ESTABLISH A PROCESS BY
 WHICH PROFESSIONAL JOURNALISTS, NEWSCASTERS AND INDIVIDUALS EMPLOYED  BY
 EMERGENCY  SERVICES  ORGANIZATIONS MAY APPLY FOR THE ABILITY TO MONITOR,
 IN REAL TIME, THE RADIO COMMUNICATIONS OF LAW ENFORCEMENT AGENCIES  THAT
 ENGAGE  IN  ENCRYPTION.   TO DETERMINE ELIGIBILITY, THE DEPARTMENT SHALL
 REQUIRE PROFESSIONAL JOURNALISTS, NEWSCASTERS, AND INDIVIDUALS  EMPLOYED
 BY  EMERGENCY  SERVICES  ORGANIZATIONS TO PRESENT PROOF OF ENGAGEMENT IN
 SUCH PROFESSIONS.  THE DEPARTMENT SHALL ONLY APPROVE THE APPLICATION  OF
 A  PROFESSIONAL  JOURNALIST OR A NEWSCASTER IF THE DEPARTMENT DETERMINES
 THAT A NEWSGATHERING ORGANIZATION AS DEFINED IN PARAGRAPH (F) OF  SUBDI-
 VISION ONE OF THIS SECTION EMPLOYED OR ENGAGED THE APPLICANT AS A MEMBER
 OF  THE  PRESS  TO COVER NEWS EVENTS.   WHEN PROMULGATING SUCH RULES AND
 REGULATIONS, THE DEPARTMENT SHALL CONSIDER ESTABLISHING  PROCESSES  THAT
 ARE  COMPARABLE  TO  THOSE  ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED
 FORTY-FOUR-A OF THIS CHAPTER.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE  CITY  OF
 NEW  YORK  OR ANY AGENCY, OFFICIAL, OR EMPLOYEE THEREOF, FROM TAKING ANY
 ACTION PURSUANT TO LOCAL LAW NUMBER FORTY-SIX OF THE CITY  OF  NEW  YORK
 FOR THE YEAR TWO THOUSAND TWENTY-SIX.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.