What's happening
This bill establishes the right for individuals to record law enforcement activities and provides legal remedies if that right is interfered with.
Why it matters
Empowers individuals to hold law enforcement accountable. by ensuring the public can document police actions without fear of reprisal, which can be critical in cases of alleged misconduct or abuse.
Establishes clear legal consequences for officers who interfere. with recording, including the possibility of being sued for damages, punitive damages, and attorney’s fees, potentially deterring unlawful interference.
Clarifies the limits of the right to record. by explicitly stating that recording must not physically interfere with law enforcement duties or constitute a crime (such as obstructing governmental administration), aiming to balance transparency with operational safety.
Provides robust legal recourse and preserves existing protections. , allowing individuals whose rights are violated to seek a variety of remedies, while ensuring that this law supplements—not replaces—rights under the U.S. and New York Constitutions and other laws.
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Who cares
Headline styles
Protect Right to Record Police
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Protect Right to Record Police
Assembly Floor Calendar · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2876
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sens. PARKER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to recording certain law enforcement activities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New Yorker's right to monitor act".
§ 2. The civil rights law is amended by adding a new section 79-o to read as follows:
§ 79-o. Recording certain activities. 1. Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Officer" means any peace officer, police officer, security officer, security guard or similar official who is engaged in a law enforcement activity;
(b) "Law enforcement activity" means any activity by an officer acting under the color of law; and
(c) "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
2. Right to record law enforcement related activities. A person not under arrest or in the custody of a law enforcement official has the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities, provided, however, that a person in custody or under arrest does not, by that status alone, forfeit the right to have any such recordings, property and equipment maintained and returned to him or her. Nothing in this subdivision shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime defined in the penal law involving obstructing governmental administration.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07524-01-7
S. 2876 2
3. Private right of action. (a) A claim of unlawful interference with recording a law enforcement activity is established under this section when a person demonstrates that he or she exercised or attempted to exercise the right established in subdivision two of this section to record a law enforcement activity and an officer acted to interfere with that person's recording of a law enforcement activity, including but not limited to, by:
(i) intentionally preventing or attempting to prevent that person from recording law enforcement activity;
(ii) threatening that person for recording a law enforcement activity;
(iii) commanding that the person cease recording law enforcement activity when the person was nevertheless authorized under law to record;
(iv) stopping, seizing, searching, ticketing or arresting that person because that person recorded a law enforcement activity; or
(v) unlawfully seizing property or instruments used by that person to record a law enforcement activity, unlawfully destroying, or seizing a recorded image or recorded images of a law enforcement activity, or copying such a recording of a law enforcement activity without consent of the person who recorded it or approval from an appropriate court.
(b) It shall be an affirmative defense to a civil action under subparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision that at the time of such conduct by an officer, such officer had probable cause to arrest the person recording such a law enforcement activity for a crime defined in the penal law involving obstructing governmental administration.
(c) A person subject to unlawful interference with recording law enforcement activities as described in paragraph (a) of this subdivision may bring an action for any violation of this section in any court of competent jurisdiction for damages, including punitive damages, for declaratory and injunctive relief, and such other remedies as the court may deem appropriate.
(d) In any action or proceeding brought pursuant to this section, the court may allow a prevailing plaintiff reasonable attorney's fees and expert fees as a part of the costs which may be recovered.
(e) Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section is committed.
4. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, 42 USC 1983, the constitution of the state of New York and all other federal law, state law, law of the city of New York or the administrative code of the city of New York, and all other civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
§ 3. Severability. If any provision of this bill or any other provision of this local law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this act, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
§ 4. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to recording certain law enforcement activities
Purpose
The purpose of this legislation is to establish the "New Yorker's Right to Monitor Act" which enforces the rights of individuals to film or record a police officer(s) in the act of making an arrest or other law enforcement activity, and ensures that such police officer(s) shall not intentionally block or obstruct recording devices being purposefully used for monitoring such arrests or other law activity.
Summary of specific provisions
The criminal procedure law is amended by adding a new section, 120.85, entitled "Warrant of arrest, filming of arrest" which allows for individuals in New York State with respect to both public and private property to:
Read the full memo (651 words)
(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.
Prior legislative history
2015-16: S.8074/A.10387A - Referred to Rules
Fiscal implications
None
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.