Provides for an adverse inference against the testimony of an officer or other employee of the department of corrections and community supervision, where such officer or other employee violated department rules or regulations by turning off a facility camera or body-worn camera or otherwise prevented such camera or cameras from recording the incident which is the subject of such disciplinary proceeding.
S T A T E O F N E W Y O R K
________________________________________________________________________
8745
2025-2026 Regular Sessions
I N A S S E M B L Y
June 2, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to providing for an
adverse inference in disciplinary proceedings against testimony of
correction officers who disable cameras
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 137 of the correction law is amended by adding a
new subdivision 7 to read as follows:
7. FOR THE PURPOSES OF ANY DISCIPLINARY PROCEEDING OF AN INCARCERATED
INDIVIDUAL IN A CORRECTIONAL FACILITY, THERE SHALL BE AN ADVERSE INFER-
ENCE AGAINST THE TESTIMONY OF AN OFFICER OR OTHER EMPLOYEE OF THE
DEPARTMENT, WHERE SUCH OFFICER OR OTHER EMPLOYEE VIOLATED DEPARTMENT
RULES OR REGULATIONS BY TURNING OFF A FACILITY CAMERA OR BODY-WORN
CAMERA OR OTHERWISE PREVENTED SUCH CAMERA OR CAMERAS FROM RECORDING THE
INCIDENT WHICH IS THE SUBJECT OF SUCH DISCIPLINARY PROCEEDING.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13255-01-5
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