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S3039Senate2019-2020 Session

Protect Right to Record Police

Official title

“Relates to photographing or recording a law enforcement officer”

Sponsor James Sanders Jr.SD-10Affects 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 protects the right to photograph or record police in public, prohibits officer interference, and allows civil action for violations.

Why it matters

  1. Explicitly reaffirms the public’s right to document police activity. (by photographing or recording) in places where the person has a legal right to be, providing clearer legal protection for bystanders, journalists, and activists.

  2. Limits police authority to interfere with recording. , making it illegal for officers to intentionally hinder, threaten, detain, arrest, search, seize, damage, or destroy recording devices or the recordings themselves—unless the person is being arrested.

  3. Creates a direct civil remedy for violations. , allowing individuals to sue both the officer and the officer’s law enforcement agency if their right to record is infringed, enhancing accountability and deterrence.

  4. Clarifies the boundaries of obstruction laws. , ensuring that documenting police does not count as “obstructing governmental administration” unless the person is themselves being arrested, which could help prevent misuse of obstruction charges against observers.

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Who cares

Headline styles

Protect Right to Record Police

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

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3039

2019-2020 Regular Sessions

IN SENATE

February 1, 2019

Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to photographing or recording a law enforcement officer

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

Section 1. Section 195.05 of the penal law, as amended by chapter 269 of the laws of 1998, is amended to read as follows: § 195.05 Obstructing governmental administration in the second degree.

1. A person is guilty of obstructing governmental administration in the second degree when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor's intent that the animal obstruct governmental administration.

2. A person is permitted to exercise their right to photograph or record a law enforcement officer performing their duties while the officer is in a public place or public view, or the person is in a private place the person has the right to be.

(a) If such photography or recording occurs, an officer shall not:

(i) intentionally hinder, prevent, or obstruct the person from taking a photograph or making a recording;

(ii) detain, arrest, threaten, intimidate, or otherwise harass such person;

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

[ ] is old law to be omitted.

LBD09137-01-9

S. 3039 2

(iii) search or seize the photograph, recording, or device used to take the photograph or make the recording without such person's permission or a warrant; or

(iv) damage or destroy the photograph, recording, or device used to take the photograph or make the recording.

(b) This subdivision shall not apply to a person if an officer is in the act of placing such person under arrest or the person is under arrest.

(c) If an officer violates this subdivision, such person shall have a civil cause of action against the officer and the officer's law enforcement agency.

Obstructing governmental administration in the second degree is a class A misdemeanor.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to photographing or recording a law enforcement officer

Purpose

To establish that a person is permitted to exercise their right to photograph or record a law enforcement officer.

Summary of provisions

Section 1 amends section 195.05 of the penal law, as amended by chapter 269 of the laws of 1998, by providing that a person is permitted to exercise their right to photograph or record a law enforcement officer performing their duties while the officer is in a public place or public view, or the person is in a private place they have a right to be. The officer shall not intentionally interfere with the photograph or record- ing; detain, arrest, threaten, intimidate or otherwise harass such person; search or size the device without permission or a warrant; or damage or destroy the device. This shall not apply if the officer is in the act of placing such person under arrest or the person is under arrest. If an officer violates this provision, such person shall have a civil cause of action against the officer and the officer's law enforce- ment agency.

Section 2 of the bill provides this act shall take effect immediately.

Existing law

A person is guilty of obstructing governmental administration in the second degree when he obstructs the administration of law. There are currently no provisions clarifying that photographing and recording law enforcement officers are permitted by law.

Justification

With nationwide calls for more transparency and accountability among law enforcement, including pushes for police body cameras, clarifying that persons may photograph and record the police - and providing for a civil cause of action to recover damages caused by interference with such actions - will help bolster the public's trust in our law enforcement system.

Legislative history

02/11/1 REFERRED TO CODES

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.