Assembly Bill A9470A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9470--A
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced  by  M.  of  A.  O'PHARROW  --  read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the general business law, in relation to enacting the
   "Edeedson 'Joshy' Cine, Jr. transparency act" requiring the release of
   certain surveillance footage to law enforcement agencies

   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 "Edeedson
 'Joshy' Cine, Jr. transparency act".
   § 2. The general business law is amended by adding a new section 393-g
 to read as follows:
   § 393-G. RELEASE OF SURVEILLANCE  FOOTAGE.  1.  DEFINITIONS.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "SURVEILLANCE FOOTAGE"  MEANS  VIDEO  RECORDINGS  OBTAINED  THROUGH
 SECURITY CAMERAS LOCATED IN PUBLIC AREAS OR PRIVATE ENTITIES THAT MAY BE
 RELEVANT TO LAW ENFORCEMENT INVESTIGATIONS.
   B. "LAW ENFORCEMENT AGENCY" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
 SION FOUR OF SECTION 705.00 OF THE CRIMINAL PROCEDURE LAW.
   2. RELEASE OF SURVEILLANCE FOOTAGE. A. ANY PERSON, FIRM OR CORPORATION
 DOING  BUSINESS  IN THIS STATE THAT POSSESSES SURVEILLANCE FOOTAGE RELE-
 VANT TO AN ONGOING LAW ENFORCEMENT INVESTIGATION INTO A  FELONY  OFFENSE
 BELIEVED  TO  HAVE BEEN COMMITTED ON THE PREMISES OF SUCH BUSINESS SHALL
 IMMEDIATELY RELEASE SUCH SURVEILLANCE FOOTAGE TO A LAW ENFORCEMENT AGEN-
 CY UPON RECEIPT OF A FORMAL WRITTEN REQUEST BY THE LAW ENFORCEMENT AGEN-
 CY.  SUCH WRITTEN REQUEST SHALL PROVIDE DETAILS AS TO THE  RELEVANCE  OF
 THE SURVEILLANCE FOOTAGE TO THE SPECIFIC LAW ENFORCEMENT INVESTIGATION.
   B.  WHEN A PERSON, FIRM OR CORPORATION DOING BUSINESS IN THIS STATE IS
 AWARE, OR SHOULD REASONABLY BE EXPECTED  TO  BE  AWARE,  THAT  A  FELONY
 OFFENSE  HAS  BEEN  OR  MAY  HAVE BEEN COMMITTED ON THE PREMISES OF SUCH
 BUSINESS OR WHEN A WRITTEN REQUEST FOR RELEASE OF  SURVEILLANCE  FOOTAGE
 TO  A  LAW  ENFORCEMENT  AGENCY IS SUBMITTED TO A PERSON, FIRM OR CORPO-
 RATION DOING BUSINESS IN THIS STATE PURSUANT  TO  PARAGRAPH  A  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14366-04-6
 A. 9470--A                          2
 
 SUBDIVISION,  SUCH  PERSON,  FIRM  OR  CORPORATION SHALL TAKE REASONABLE
 MEASURES TO ENSURE THAT SUCH SURVEILLANCE FOOTAGE IS NOT RECORDED  OVER,
 DELETED OR OTHERWISE DESTROYED.
   C.  NO  RETALIATORY  ACTION SHALL BE TAKEN BY A PERSON, FIRM OR CORPO-
 RATION DOING BUSINESS IN THIS STATE AGAINST ANY EMPLOYEE  FOR  COMPLYING
 WITH  A  WRITTEN  REQUEST  BY  A  LAW  ENFORCEMENT AGENCY FOR RELEASE OF
 SURVEILLANCE FOOTAGE  PURSUANT  TO  PARAGRAPH  A  OF  THIS  SUBDIVISION,
 REGARDLESS  OF  ANY  POLICY  OF SUCH BUSINESS REGARDING THE RETENTION OR
 RELEASE OF SUCH SURVEILLANCE FOOTAGE.
   3. EXCEPTIONS  TO  REQUIREMENT  TO  IMMEDIATELY  RELEASE  SURVEILLANCE
 FOOTAGE.  A  PERSON,  FIRM  OR  CORPORATION DOING BUSINESS IN THIS STATE
 WHICH HAS RECEIVED A WRITTEN REQUEST BY A LAW ENFORCEMENT AGENCY FOR THE
 RELEASE OF SURVEILLANCE FOOTAGE PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION MAY:
   A. UPON REQUEST BY SUCH PERSON, FIRM  OR  CORPORATION,  BE  GRANTED  A
 REASONABLE  AMOUNT  OF  TIME  TO  ALLOW COUNSEL FOR SUCH PERSON, FIRM OR
 CORPORATION TO REVIEW  THE  REQUEST  FOR  THE  RELEASE  OF  SURVEILLANCE
 FOOTAGE AND ANY APPLICABLE LAWS RELATING TO SUCH REQUEST OR SURVEILLANCE
 FOOTAGE PRIOR TO RELEASING SUCH SURVEILLANCE FOOTAGE; PROVIDED, HOWEVER,
 THAT  FOR  THE  PURPOSES  OF THIS PARAGRAPH, A REASONABLE AMOUNT OF TIME
 SHALL NOT BE DEEMED TO EXCEED TWENTY-FOUR HOURS; AND/OR
   B. SEEK A COURT ORDER  TO  DELAY  THE  RELEASE  OF  SUCH  SURVEILLANCE
 FOOTAGE IN CASES WHERE THE RELEASE OF SURVEILLANCE FOOTAGE MIGHT INCRIM-
 INATE SUCH BUSINESS OR VIOLATE INDIVIDUAL PRIVACY RIGHTS.
   4.  PENALTIES.  ANY PERSON, FIRM OR CORPORATION DOING BUSINESS IN THIS
 STATE THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION  SHALL
 BE  SUBJECT TO PENALTIES, WHICH MAY INCLUDE, BUT NEED NOT BE LIMITED TO,
 FINES OF UP TO ONE HUNDRED  THOUSAND  DOLLARS  PER  INCIDENT  AND  CIVIL
 LIABILITY  FOR  ANY DAMAGES CAUSED BY THE FAILURE TO RELEASE THE FOOTAGE
 IN A TIMELY MANNER.
   5. REPORTS. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE  DATE  OF  THIS
 SECTION,  AND  ANNUALLY THEREAFTER, THE SECRETARY OF STATE SHALL PREPARE
 AND SUBMIT A REPORT  TO  THE  GOVERNOR  AND  THE  LEGISLATURE  DETAILING
 COMPLIANCE  WITH  THIS  SECTION  AND  CHALLENGES EXPERIENCED BY BOTH LAW
 ENFORCEMENT AGENCIES AND PERSONS, FIRMS, OR CORPORATIONS DOING  BUSINESS
 IN THIS STATE RESULTING FROM THE REQUIREMENTS OF THIS SECTION.
   § 3. This act shall take effect immediately.