Assembly Bill A4028

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4028
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to requiring the disclo-
   sure of video footage related to the death of an incarcerated individ-
   ual involving a correctional officer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 transparency and accountability in correctional facilities are essential
 to  maintaining  public  trust. This act seeks to promote accountability
 and deter misconduct by requiring the timely disclosure of video footage
 related to the death of incarcerated individuals involving  correctional
 officers to the attorney general's office of special investigations.
   §  2.  The  correction  law is amended by adding a new section 22-b to
 read as follows:
   § 22-B. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF  INCARCER-
 ATED  INDIVIDUALS  INVOLVING  CORRECTIONAL OFFICERS. 1.  DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "CORRECTIONAL FACILITY" SHALL MEAN ANY FACILITY  OPERATED  BY  THE
 DEPARTMENT,  A  LOCAL  CORRECTIONAL  FACILITY  AS DEFINED IN SUBDIVISION
 SIXTEEN OF SECTION TWO OF THIS CHAPTER, INCLUDING  BUT  NOT  LIMITED  TO
 RIKERS ISLAND.
   (B)  "VIDEO  FOOTAGE" SHALL INCLUDE, BUT NOT BE LIMITED TO, RECORDINGS
 FROM FIXED CAMERAS, BODY-WORN CAMERAS, HANDHELD DEVICES,  OR  ANY  OTHER
 RECORDING  EQUIPMENT  MAINTAINED  OR  USED  BY CORRECTIONAL STAFF WITHIN
 CORRECTIONAL FACILITIES.
   2. DUTY TO DISCLOSE. THE DEPARTMENT AND ANY LOCAL CORRECTIONAL FACILI-
 TY SHALL DISCLOSE TO THE ATTORNEY GENERAL'S OFFICE OF  SPECIAL  INVESTI-
 GATION  ANY  VIDEO  FOOTAGE  THAT SUCH OFFICE DEEMS TO BE RELATED TO THE
 DEATH OF AN INCARCERATED INDIVIDUAL. THIS  SHALL  INCLUDE  ANY  CASE  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04536-02-5
              

 A. 4028                             2
 
 WHICH  THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATION DETERMINES
 THE DEATH INVOLVES A CORRECTIONAL OFFICER.
   3.  TIMEFRAME  FOR  DISCLOSURE.  SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
 WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
   4. REDACTIONS AND EXCEPTIONS. (A) NO REDACTIONS SHALL BE MADE  TO  THE
 VIDEO FOOTAGE BEFORE IT IS DISCLOSED TO THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION. THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTI-
 GATION  SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
 DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
   (B) DISCLOSURE MAY BE DELAYED ONLY IF THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION CERTIFIES THAT SUCH DISCLOSURE WOULD COMPROMISE AN
 ONGOING CRIMINAL INVESTIGATION OR  PROSECUTION.  SUCH  DELAY  SHALL  NOT
 EXCEED NINETY DAYS WITHOUT ADDITIONAL CERTIFICATION.
   § 3. This act shall take effect immediately.