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S4919Senate2017-2018 SessionSame asA2588

Allow Videotaping of Uniformed Personnel

Official title

“Relates to videotaping uniformed personnel in the course of carrying out their professional duties”

Sponsor Ruben DiazSD-32+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows individuals to videotape police, firefighters, and emergency personnel while working, and provides damages if prevented from doing so.

Why it matters

  1. Strengthens public oversight and transparency. by explicitly protecting the right to record police, firefighters, and emergency responders while they’re on duty, which can help deter misconduct or abuse and provide critical evidence in disputes.

  2. Establishes financial consequences for interference. , setting a $25,000 per-violation penalty if uniformed personnel prevent or prohibit lawful videotaping. This creates a strong incentive for officials to respect citizens’ rights and could impact departmental training and protocols.

  3. Clarifies legal protections for civilians. , reducing ambiguity about whether recording emergency personnel is permitted. This can empower individuals to document incidents without fear of reprisal or arrest, supporting both accountability and freedom of expression.

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Who cares

  • People recording uniformed personnel

    The bill would establish a right to videotape personnel performing their duties without interfering and allow recovery of $25,000 per violation if those personnel prevent or prohibit recording.

  • Police officers

    The bill would expressly allow noninterfering videotaping of officers carrying out their duties.

  • Firefighters

    The bill would cover recordings of firefighters performing their duties and allow damages if they prevent or prohibit qualifying recordings.

  • Emergency technicians and paramedics

    The bill would extend the same recording rights and damages provision to their work.

Headline styles

Allow Videotaping of Uniformed Personnel

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

1 Co-sponsor

History

  1. 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.

A2588Assembly

Allow Filming of Police

Stricken · Sponsor Luis R. Sepúlveda

Impact 7 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4919

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sens. DIAZ, HAMILTON -- 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 videotaping uniformed personnel in the course of carrying out their professional duties

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil rights law is amended by adding a new section 79-o to read as follows:

§ 79-o. Right to videotape uniformed personnel. 1. Any person may videotape uniformed personnel in the course of carrying out their duties, as long as such person does not interfere with uniformed personnel from carrying out their duties.

2. "Uniformed personnel" as used in this section, shall mean police, firefighters, emergency technicians and paramedics.

3. A person who is prevented or prohibited from videotaping, as described in subdivision one of this section, by uniformed personnel, may recover damages in the amount of twenty-five thousand dollars per violation.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07274-01-7

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 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

2016: S.357-REFERRED TO CODES/A.2298-referred to governmental operations 2015: S.357-REFERRED TO CODES/A.2298-referred to governmental operations 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.