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Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to videotaping uniformed personnel in the course of carrying out their professional duties
In Assembly Committee · Governmental Operations · Sponsor Luis R. Sepúlveda
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to videotaping uniformed personnel in the course of carrying out their professional duties
Purpose or general idea of bill
Provides an affirmative right to videotape uniformed personnel and provides for the recovery of damages in the amount of $25,000 per violation.
Summary of specific provisions
Section 1. Amends the civil rights law by adding a new section 79-o. Establishes the right to videotape uniformed personnel when such personnel are carrying out their duties. Defines uniformed personnel as police, firefighters, emergency technicians and paramedics. Provides for the recovery of damages in the amount of $25,000 per violation.
Section 2. Effective Date.
Existing law
None.
Justification
On Thursday, July 17, 2014, Eric Garner was accused of selling loose cigarettes on a street in Staten Island. He was approached by the NYPD, and as his encounter with the NYPD continued, he was suddenly and for no apparent reason, placed in a chokehold, which has been banned by the NYPD since 1993. Tragically, Mr. Garner died later at the hospital.
This event, from the time the police first approached Mr. Garner, up to and including the chokehold and the arrival of the emergency medical services, was captured on video by Ramsey Orta who taped the encounter on his cell phone. If not for Mr. Orta's video, there would be no visual record of this tragic event. The public would have limited information as to what really transpired on that fateful day. In the months following this tragic event, the videotape "went viral" and was seen by millions of people around the world.
It should be noted that the right to videotape is already allowed, as long as the person videotaping does not interfere with police activity. However, because this right is routinely violated, this legislation is needed. This bill strengthens and protects civilians' rights by affirmatively allowing a person to video tape uniformed personnel in the course of their duties, as long as the person does not interfere with the uniformed personnel from carrying out their duties. It also allows the aggrieved person to sue for wrongful interference with videotaping uniformed personnel in the course of their duties.
Prior legislative history
2014: S.7932 - Referred to Rules/A10176 - Referred to Governmental Operations
Fiscal implications
None to state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.