BILL NUMBER: S6773

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the penal law, in relation to tampering with physical
evidence

 
PURPOSE::

This is meant to preserve and maintain the integrity of body camera
footage that is meant to serve as a monitor of police activity for both
the safety of the police officer and civilian. As such, it is vital to
preserve and maintain the integrity of the body camera footage in the
event where police may be involved in criminal activity and/or has been
suspected of engaging in police brutality.

 
SUMMARY OF PROVISIONS::

Section 1 amends Section 215.40 of the Penal Law to include the tamper-
ing of physical evidence to apply to a police officer or peace officer
who either turns off a body camera in a situation where it is the policy
              

of such officer's department or agency that such body camera should be
recording, or where such officer deletes a body camera recording.

Section 2 is the effective date.

 
JUSTIFICATION::

New York City was one of the first cities to implement body cameras on
their officers. In furtherance and recognition of the adaptation of body
cameras by other police departments, in addition to New York City, it
has become crucial to ensure that the footage taken on these body
cameras is maintained.

For body cameras to be effective, they must be running from the time the
officer begins an interaction with a civilian until the booking or
release of such civilian. Only then can the body camera serve as a prop-
er monitor. Furthermore, in order for body camera footage to serve its
purpose, it must be preserved and maintained in the event it is needed
for impending disciplinary or criminal charges. This footage will be
crucial to ensure that all interactions are monitored for the safety of
both the officer and civilian.

 
LEGISLATIVE HISTORY::

2023-2024: S.1990 - Referred to Codes/A.677 -Referred to Codes

2021-2022: S.1987 - Referred to Codes/A.5621- Referred to Codes

2019-2020: S.8584 - Referred to Rules/A.10596- Referred to Codes

 
STATE AND LOCAL FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::


This act shall take effect on the thirtieth day after it shall have
become a law.