Relates to recording certain law enforcement activities

(1) film or record police officers in the act of making an arrest or other law enforcement activity;

(2) not be subject to harassment or arrest for filming or recording an arrest or other law enforcement activity, provided that they do so without intentionally obstructing governmental administration; and

(3) not be charged with penal code 240.20 disorderly conduct or obstruction of governmental administration for recording or filming an arrest or other law enforcement activity in a manner that is reasonable and otherwise lawful.

Section 120.85 of the criminal procedure law further provides that:

(4) a police officer may not search or seize a camera or recording device without a warrant, unless used in the commission of a crime;

(5) a police officer shall not threaten, intimidate, or otherwise discourage an individual(s) from recording or filming an arrest or other law enforcement activity, and that such individuals should be provided notice and opportunity to object before they are irrevocably deprived of their recordings;

(6) a police officer shall not damage or erase the contents of a camera or recording device, and the destruction of such by a police officer shall constitute tampering with physical evidence; and

(7) the Attorney General shall establish clear written guidelines under which circumstances a police officer may seize a recording device, and the manner in which the recording device shall be maintained after its seizure.

Justification

The advancements in audio and video technology have become readily available to the general population. This phenomenon has most New Yorkers to become an integral part in monitoring law enforcement activity. The first amendment of the New York State Constitution protects the ability of individuals to photograph, record and videotape law enforcement officers during their official duties.

The rights of uninvolved onlookers to record law enforcement activity provide critical checks and balances on the tremendous power of the police. Video and/or audio taping creates an independent record of what took place in a particular incident, free from accusations of bias, untruths, or faulty recollection. It is not coincidental that most high-profile cases of police misconduct have involved video and audio recordings.

Consequently, there is a widespread, continuing pattern of law enforcement officers ordering onlookers to cease video or audio recording of their official behavior and actions while in the line of duty. More importantly, those who do not comply with police officers' requests to cease video or audio recording, which is their constitutional right, are harassed, detained and even arrested by the police.

This bill, The "New Yorker's Right to Monitor Act" is necessary to ensure that New Yorkers are allowed to exercise their constitutional right and shall not be intimidated by law enforcement or unfairly arrested by law enforcement. This bill seeks to strike a delicate balance in acknowledging the difficult responsibility of law enforcement officers in carrying out their duties to ensure public while ensuring the protection of New York State resident's constitutional rights.

Fiscal implications

None

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.