S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2825
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Judiciary
 
 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.
   § 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.
              

                                                            LBD08385-01-7

 A. 2825                             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  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.
   § 4. This act shall take effect immediately.