NY State Assembly Bill 2015-A8368B

Assembly Bill A8368B

2015-2016 Legislative Session

Excludes video camera recordings from cameras worn or used by police from being included as personnel records

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	ordered to third reading rules cal.170 rules report cal.170 reported
Jun 06, 2016	reported referred to rules
May 23, 2016	reported referred to codes
May 20, 2016	print number 8368b
May 20, 2016	amend (t) and recommit to governmental operations
Jan 13, 2016	print number 8368a
Jan 13, 2016	amend and recommit to governmental operations
Jan 06, 2016	referred to governmental operations
Aug 24, 2015	referred to governmental operations

Bill Amendments

Original

B (Active)

2015-A8368 - Details

Law Section:: Civil Rights Law
Laws Affected:: Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A4268
2019-2020: A1685
2021-2022: A72

2015-A8368 - Summary

Excludes video camera recordings from cameras worn or used by police from being included as personnel records and provides for the release of such recordings pursuant to the freedom of information law.

2015-A8368 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8368

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the civil rights law and the  public  officers  law,  in
  relation  to  excluding  video  camera recordings from cameras worn or
  used by police from being included as personnel records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5.  A.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION  OFFICERS  OR PEACE OFFICERS IN THE COURSE OF DUTY, INCLUDING
RECORDINGS MADE BY BODY CAMERAS WORN BY AN  OFFICER,  DASHBOARD  CAMERAS
PLACED  ON  ANY  PART  OF  AN OFFICER'S MOTOR VEHICLE, TRUCK, BICYCLE OR
OTHER VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY  OTHER
GOVERNMENT-OPERATED   RECORDING  DEVICE,  OR  THE  METADATA  FROM  THOSE
RECORDINGS.
  B. ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION  AND
RELEASED  PURSUANT  TO  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING BUT NOT LIMITED TO,  FACIAL  FEATURES  AND  VOICES  AND  OTHER
PERSONAL  INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C. NOTHING IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS  IN  A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO DISALLOW RECORDINGS
OR METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER  PERSONNEL
DECISIONS.
  E.  ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
EN OF THE PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL PUBLIC SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-07-5

A. 8368                             2

AGENCY RECORDS, AS DEFINED IN SUBDIVISION EIGHT OF SECTION NINETY-TWO OF
THE PUBLIC OFFICERS LAW,  NECESSARY  TO  IDENTIFY  ANY  OFFICER  IN  THE
RECORDING OR METADATA.
  S  2.  The opening paragraph of section 1-a of the civil rights law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  THE  TERM  "RECORDING",  AS  USED  IN  THIS CHAPTER, SHALL MEAN AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE  DEVICE
OR  ANY  OTHER  MEDIUM  ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR  REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
  S  3. Paragraph (c) of subdivision 2 of section 89 of the public offi-
cers law, as amended by section 11 of part U of chapter 61 of  the  laws
of 2011, is amended to read as follows:
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted OR REDACTED;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact  informa-
tion,  such  as an e-mail address or a social network username, that has
been collected from a taxpayer under section one  hundred  four  of  the
real property tax law.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-A8368A - Details

Law Section:: Civil Rights Law
Laws Affected:: Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A4268
2019-2020: A1685
2021-2022: A72

2015-A8368A - Summary

2015-A8368A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8368--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Governmental Operations -- recommitted to the Committee on  Govern-
  mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the civil rights law and the public officers law, in
  relation to excluding video camera recordings  from  cameras  worn  or
  used by police from being included as personnel records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5. A. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION OFFICERS OR PEACE OFFICERS IN THE COURSE OF  DUTY,  INCLUDING
RECORDINGS  MADE  BY  BODY CAMERAS WORN BY AN OFFICER, DASHBOARD CAMERAS
PLACED ON ANY PART OF AN OFFICER'S  MOTOR  VEHICLE,  TRUCK,  BICYCLE  OR
OTHER  VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER
GOVERNMENT-OPERATED  RECORDING  DEVICE,  OR  THE  METADATA  FROM   THOSE
RECORDINGS.
  B.  ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION AND
RELEASED PURSUANT TO SECTION EIGHTY-SEVEN OF THE  PUBLIC  OFFICERS  LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING  BUT  NOT  LIMITED  TO,  FACIAL  FEATURES AND VOICES AND OTHER
PERSONAL INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION  NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C.  NOTHING  IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS IN A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  DISALLOW  RECORDINGS
OR  METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
DECISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-13-5

A. 8368--A                          2

  E. ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN  PARA-
GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
EN  OF  THE  PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL RECORDS OF
AGENCIES AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF SECTION EIGHTY-SIX
OF  THE  PUBLIC  OFFICERS LAW, NECESSARY ONLY TO IDENTIFY ANY OFFICER IN
THE RECORDING OR METADATA.
  S 2. The opening paragraph of section 1-a of the civil rights  law  is
designated  subdivision  1  and  a new subdivision 2 is added to read as
follows:
  2. THE TERM "RECORDING", AS  USED  IN  THIS  CHAPTER,  SHALL  MEAN  AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM,  HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE DEVICE
OR ANY OTHER MEDIUM ON WHICH SUCH SOUNDS, IMAGES,  OR  BOTH  SOUNDS  AND
IMAGES  ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
  S 3. Paragraph (c) of subdivision 2 of section 89 of the public  offi-
cers  law,  as amended by section 11 of part U of chapter 61 of the laws
of 2011, is amended to read as follows:
  (c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an  unwarranted  invasion  of  personal  privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted OR REDACTED;
  ii.  when  the person to whom a record pertains consents in writing to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv. when a record or group of records relates to the right,  title  or
interest  in real property, or relates to the inventory, status or char-
acteristics of real property, in which  case  disclosure  and  providing
copies  of such record or group of records shall not be deemed an unwar-
ranted invasion of personal privacy, provided that nothing herein  shall
be  construed to authorize the disclosure of electronic contact informa-
tion, such as an e-mail address or a social network username,  that  has
been  collected  from  a  taxpayer under section one hundred four of the
real property tax law.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-A8368B (ACTIVE) - Details

Law Section:: Civil Rights Law
Laws Affected:: Amd §§50-a, Civ Rts L; amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A4268
2019-2020: A1685
2021-2022: A72

2015-A8368B (ACTIVE) - Summary

2015-A8368B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8368--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced by M. of A. QUART, BICHOTTE, BUCHWALD, KIM, DILAN, BENEDETTO,
  BLAKE, SEPULVEDA -- read once and referred to the Committee on Govern-
  mental  Operations  --  recommitted  to  the Committee on Governmental
  Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil rights law and the  public  officers  law,  in
  relation  to  excluding  video  camera recordings from cameras worn or
  used by police from being included as personnel records, and providing
  for the release of such recordings pursuant to the freedom of informa-
  tion law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 50-a of the civil rights law is amended by adding
two new subdivisions 5 and 6 to read as follows:
  5. A. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  RECORDINGS,
AND  RECORDS  OF RECORDINGS, MADE BY OR OF ANY INDIVIDUAL REFERRED TO IN
SUBDIVISION ONE OF  THIS  SECTION  IN  THE  COURSE  OF  DUTY,  INCLUDING
RECORDINGS  MADE  BY  BODY  CAMERAS  WORN BY SUCH INDIVIDUALS, DASHBOARD
CAMERAS PLACED ON ANY PART OF A MOTOR VEHICLE, TRUCK, BICYCLE  OR  OTHER
VEHICLE,  CAMERAS  MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER SUCH
GOVERNMENT RECORDING DEVICE ASSOCIATED WITH  SUCH  INDIVIDUALS,  OR  THE
METADATA FROM THOSE RECORDINGS.
  B.  ANY  RECORDING,  AS  SPECIFIED  IN PARAGRAPH A OF THIS SUBDIVISION
SHALL BE GOVERNED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE  ANY
OTHERWISE  AVAILABLE  RIGHT OF ACCESS AT LAW OR IN EQUITY TO ACCESS SUCH
RECORDINGS OR METADATA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-14-6

A. 8368--B                          2

  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  DISALLOW  RECORDINGS
OR  METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
DECISIONS.
  6.  THE  TERM  "RECORDING",  AS  USED  IN  THIS SECTION, SHALL MEAN AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE  DEVICE
OR  ANY  OTHER  MEDIUM  ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR  REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
  S  2. Section 87 of the public officers law is amended by adding a new
subdivision 6 to read as follows:
  6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION
AND  PARAGRAPH  B  OF  SUBDIVISION  FIVE OF SECTION FIFTY-A OF THE CIVIL
RIGHTS LAW, EACH AGENCY THAT MAINTAINS RECORDS, OF THE TYPE DESCRIBED IN
PARAGRAPH A OF SUBDIVISION FIVE OF SECTION FIFTY-A OF THE  CIVIL  RIGHTS
LAW,  SHALL  MAKE SUCH RECORDS AVAILABLE FOR PUBLIC INSPECTION AND COPY-
ING, EXCEPT THAT:
  (A) WHEN REQUESTED WHILE A CIVIL ACTION,  CIVIL  PROCEEDING,  CRIMINAL
PROSECUTION OR PRELIMINARY CRIMINAL PROCEEDING TO WHICH SUCH RECORDS MAY
BE  RELEVANT  IS  PENDING IN A COURT OF THIS STATE, SUCH AGENCY MAY DENY
ACCESS TO SUCH RECORDS OR PORTIONS THEREOF PURSUANT TO PARAGRAPH (E)  OR
(F)  OF SUBDIVISION TWO OF THIS SECTION, IF THE JUDGE OR JUSTICE PRESID-
ING IN SUCH ACTION OR PROCEEDING DETERMINES, AT  THE  INSTANCE  OF  SUCH
AGENCY,  AFTER  REASONABLE NOTICE TO THE REQUESTER AND AN OPPORTUNITY TO
BE HEARD, BY CLEAR AND CONVINCING EVIDENCE, THAT AN EXCEPTION TO DISCLO-
SURE SPECIFIC TO THE SITUATION OR TO A SPECIFIC INDIVIDUAL  OR  INDIVID-
UALS  EXISTS PURSUANT TO PARAGRAPH (E) OR (F) OF SUBDIVISION TWO OF THIS
SECTION AND THAT SUCH EXCEPTION WARRANTS A DENIAL OF DISCLOSURE, AND THE
COURT'S ORDER SETS FORTH IN DETAIL THE REASONS FOR THE COURT'S  DETERMI-
NATION;
  (B) WHEN REQUESTED WHILE AN ACTION, PROCEEDING, PROSECUTION OR PRELIM-
INARY  CRIMINAL  PROCEEDING TO WHICH SUCH RECORDS MAY BE RELEVANT IS NOT
PENDING IN A COURT OF THIS STATE, SUCH AGENCY MAY DENY  ACCESS  TO  SUCH
RECORDS OR PORTIONS THEREOF PURSUANT TO PARAGRAPH (E) OR (F) OF SUBDIVI-
SION  TWO  OF  THIS SECTION IF, AFTER REASONABLE NOTICE TO THE REQUESTER
AND AN OPPORTUNITY TO BE HEARD, SUCH AGENCY  DETERMINES,  BY  CLEAR  AND
CONVINCING  EVIDENCE,  THAT  AN  EXCEPTION TO DISCLOSURE SPECIFIC TO THE
SITUATION OR TO A SPECIFIC INDIVIDUAL OR INDIVIDUALS EXISTS PURSUANT  TO
PARAGRAPH  (E)  OR  (F) OF SUBDIVISION TWO OF THIS SECTION AND THAT SUCH
EXCEPTION WARRANTS A DENIAL OF DISCLOSURE,  AND  THE  AGENCY'S  DETERMI-
NATION  PROVIDED  TO  THE REQUESTER SETS FORTH IN DETAIL THE REASONS FOR
THE AGENCY'S DETERMINATION; AND
  (C) WHEN SUCH AGENCY IS CONSIDERING AN EXCEPTION TO DISCLOSURE  PURSU-
ANT  TO  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS SECTION, SUCH AGENCY
SHALL RELEASE SUCH RECORDS, BUT SHALL ELECTRONICALLY OR OTHERWISE  VISU-
ALLY  OBSCURE THE FACIAL FEATURES, VOICE, AND OTHER PERSONAL INFORMATION
OF ANY PERSON, OTHER THAN AN INDIVIDUAL REFERRED TO IN  SUBDIVISION  ONE
OF  SECTION  FIFTY-A  OF THE CIVIL RIGHTS LAW, WITH RESPECT TO WHOM SUCH
AGENCY DETERMINES, FOR SPECIFIC REASONS APPLICABLE TO  SUCH  INDIVIDUAL,
BY  CLEAR AND CONVINCING EVIDENCE, THAT (I) SUCH RECORDING OCCURRED AT A
PLACE WHERE SUCH PERSON HAD A REASONABLE  EXPECTATION  OF  PRIVACY;  AND
(II)  DISCLOSURE  WOULD  CONSTITUTE  AN UNWARRANTED INVASION OF PERSONAL
PRIVACY. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED  AS  LIMITING  THE
AUTHORITY  OF AN AGENCY TO APPLY SUCH EXCEPTION AND VISUALLY OBSCURE THE
ENTIRE IMAGE, VOICE, AND OTHER PERSONAL  INFORMATION  OF  AN  INDIVIDUAL
REFERRED  TO  IN  SUBDIVISION ONE OF SECTION FIFTY-A OF THE CIVIL RIGHTS

A. 8368--B                          3

LAW WHEN SUCH INDIVIDUAL, AT THE TIME OF THE RECORDING, WAS SERVING IN A
COVERT OR UNDERCOVER CAPACITY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Assembly Bill A8368B

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Sponsored By

QUART

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2015-A8368 - Details

2015-A8368 - Summary

2015-A8368 - Bill Text download pdf

co-Sponsors

Rodneyse Bichotte Hermelyn

David Buchwald

Ron Kim

Erik Dilan

2015-A8368A - Details

2015-A8368A - Summary

2015-A8368A - Bill Text download pdf

co-Sponsors

Rodneyse Bichotte Hermelyn

David Buchwald

Ron Kim

Erik Dilan

2015-A8368B (ACTIVE) - Details

2015-A8368B (ACTIVE) - Summary

2015-A8368B (ACTIVE) - Bill Text download pdf

Comments