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S3139Senate2019-2020 SessionSame asA1341

Make Police Bodycam Footage Public

Official title

“Relates to the discoverability of recordings found on police body cameras and vehicle cameras”

Sponsor Zellnor MyrieSD-20+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires full disclosure of police body and vehicle camera recordings in legal proceedings and creates a panel to set statewide rules on their use and release.

Why it matters

  1. Increases transparency and accountability. by mandating that all police body and vehicle camera recordings, including outtakes and unused footage, must be fully disclosed in both civil and criminal legal proceedings (with limited exceptions for ongoing investigations).

  2. Limits selective disclosure. by requiring that parties in a case cannot withhold portions of footage, ensuring that complete, unedited recordings are available rather than only clips that benefit one side.

  3. Creates a diverse oversight panel. representing criminal defense, law enforcement, civil rights, and technical experts, which will set statewide, uniform rules on how police recordings are used and released—potentially reducing inconsistencies and local loopholes.

  4. Requires all law enforcement agencies to comply. with these uniform regulations within a set timeframe, standardizing practices across New York State and minimizing jurisdictional disparities in access to police footage.

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Who cares

Headline styles

Make Police Bodycam Footage Public

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

Sponsors

Primary sponsor
Zellnor Myrie

Senator · Senate District 20

Chair, Elections

1 Co-sponsor

History

  1. Referred to judiciary
  2. Referred to judiciary

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.

A1341Assembly

Make Police Camera Footage Public

In Assembly Committee · Judiciary · Sponsor N. Nick Perry

Impact 8 · Significant0% to pass

Full text

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

STATE OF NEW YORK

3139

2019-2020 Regular Sessions

IN SENATE

February 4, 2019

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

AN ACT to amend the civil practice law and rules and the criminal procedure law, in relation to recordings found on police cameras and establishing the Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film and Photographs

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

Section 1. Subdivision (i) of section 3101 of the civil practice law and rules, as added by chapter 574 of the laws of 1993, is amended to read as follows:

(i) In addition to any other matter which may be subject to disclosure, there shall be full disclosure of any films, photographs, video tapes [or], audio tapes, or all recordings found on a police or peace officer's body camera and/or camera installed in a police or peace officer's vehicle, including transcripts or memoranda thereof, involving a person referred to in paragraph one of subdivision (a) of this section. There shall be disclosure of all portions of such material, including out-takes, rather than only those portions a party intends to use. The provisions of this subdivision shall not apply to materials compiled for law enforcement purposes which are exempt from disclosure under section eighty-seven of the public officers law.

§ 2. Paragraph (g) of subdivision 1 of section 240.20 of the criminal procedure law, as amended by chapter 558 of the laws of 1982, and as relettered by chapter 795 of the laws of 1984, is amended to read as follows:

(g) Any tapes or other electronic recordings which the prosecutor intends to introduce at trial, irrespective of whether such recording was made during the course of the criminal transaction, including all recordings found on a police or peace officer's body camera and/or camera installed in a police or peace officer's vehicle;

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

[ ] is old law to be omitted.

LBD06675-01-9

S. 3139 2

§ 3. a. The attorney general shall establish a panel entitled the "Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film and Photographs". The panel shall consist of at least 15 members selected by the attorney general and appointed from the following fields:

(1) attorneys practicing or having practiced in the field of criminal defense;

(2) former police officers;

(3) former district attorneys;

(4) public advocates;

(5) attorneys practicing or having practiced in the field of civil rights;

(6) experts in videography; and

(7) experts in digital audio recording.

b. The panel shall develop and propose statewide uniform regulations and rules regarding the use and disclosure of:

(1) all content from body cameras or any recording device worn by a police officer or peace officer during the execution of his or her duties, including, but not limited to, recordings, films, photographs, videotapes and/or audiotapes; and

(2) all content from cameras or recording devices used at any facility by police officers or peace officers during the execution of their duties.

c. All state, county, city and town law enforcement departments shall adopt as their standard operating procedures the statewide uniform regulations and rules proposed by the panel within ninety days of the finalization of such operating procedures.

§ 4. 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 civil practice law and rules and the criminal proce- dure law, in relation to recordings found on police cameras and estab- lishing the Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film and Photographs

Purpose

The purpose of this legislation is to ensure that full disclosure shall be made on all recordings found on a police or peace officer's body camera as well as any camera installed in a police or peace officers vehicle.

Summary of provisions

Section one of the bill amends subdivision (i) of § 3101 of the civil practice law and rules to require that all recordings found on a police or peace officer's body and/or camera installed in a police or peace officer's vehicle, be subject to full disclosure.

Section two of the bill amends paragraph (g) of subdivision 1 of § 240.20 of the criminal procedure law to require that all recordings found on a police or peace officer's body and/or camera installed in a police or peace officer's vehicle, be subject to full disclosure.

Section three of the bill directs the attorney general to establish the "Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film and Photograms" consisting of fifteen members selected by the attorney general including past or present criminal defense attor- neys, former police officers, former district attorneys, public advo- cates, past or present civil rights attorneys, experts in videography, and experts in digital audio recordings to develop statewide uniform rules and regulations regarding the use and disclosure of content from body cameras and any cameras or recording devices used by police or peace officers at any facility during the execution of their duties. This section also requires that once such statewide uniform rules and regulations proposed by the panel have been finalized, all state, coun- ty, city, and town law enforcement would be required to implement such regulations and rules within ninety days.

Section four of the bill provides the effective date.

Justification

Given recent events, police body cameras and police vehicle mounted cameras have become integral pieces of evidence in certain criminal and civil proceedings and investigations.This bill requires the full disclo- sure of all recordings found on a police or peace officer's body camera and/or camera installed in a police or peace officer's vehicle and for its presentation as evidence in any matter subject to disclosure. Pres- ervation of this recording evidence is imperative to a fair judicial process, and will ensure that parties in a related criminal or civil proceeding or investigation, including, but not limited to, grand juries, prosecutors, and defendants have this crucial information. Recordings found on a police or peace officer's body camera, as well as any camera installed in a police or peace officer's vehicle will provide for greater accountability and transparency in the legal process. The establishment of statewide uniform regulations and rules will provide the public with confidence that the materials recorded by police and peace officers will be appropriately preserved and available for use in the judicial process.

Legislative history

2017-2018: A.2825 - Referred to Judiciary 2015-2016: A.7682-A - Referred to Judiciary

Fiscal implications

None

Effective date

Immediately.

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