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

                                 7682--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, 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 disclo-
sure, 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 OFFI-
CER'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.
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10736-02-5
              

A. 7682--A                          2

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;
  S  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  Photograms".  The  panel shall consist of at least 15
members selected by the attorney general and appointed from the  follow-
ing 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 regu-
lations and rules proposed by the panel within ninety days of the final-
ization of such operating procedures.
  S 4. This act shall take effect immediately.