S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8596
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to allowing police  offi-
   cers  to wear body-worn cameras, and prohibiting agreements with other
   state or federal agencies that prevent the use of such cameras

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-u
 to read as follows:
   § 837-U. POLICE USE OF BODY-WORN CAMERAS.  1. FOR THE PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BODY-WORN CAMERA" SHALL MEAN  AN  ELECTRONIC  CAMERA  SYSTEM  FOR
 CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING, AND PROC-
 ESSING AUDIOVISUAL RECORDINGS THAT ARE WORN BY A POLICE OFFICER.
   (B)  "COMMUNITY CARETAKING FUNCTION" SHALL MEAN A TASK UNDERTAKEN BY A
 POLICE OFFICER IN WHICH SUCH POLICE OFFICER IS PERFORMING AN ARTICULABLE
 ACT UNRELATED TO THE INVESTIGATION OF  A  CRIME.  "COMMUNITY  CARETAKING
 FUNCTION"  INCLUDES,  BUT IS NOT LIMITED TO, PARTICIPATING IN TOWN HALLS
 OR OTHER COMMUNITY OUTREACH, HELPING A CHILD FIND THE  CHILD'S  PARENTS,
 PROVIDING  DEATH  NOTIFICATIONS,  DEALING  WITH  INDIVIDUALS  ASKING FOR
 DIRECTIONS OR OTHER ASSISTANCE AND PERFORMING IN-HOME OR HOSPITAL  WELL-
 BEING CHECKS ON PERSONS WHO ARE SICK, ELDERLY OR PRESUMED MISSING.
   (C)  "IN UNIFORM" WITH RESPECT TO A POLICE OFFICER, SHALL MEAN WEARING
 ANY OFFICIALLY AUTHORIZED UNIFORM DESIGNATED BY A POLICE AGENCY OR VISI-
 BLY WEARING ARTICLES OF CLOTHING OR OTHER  ITEMS  INDICATING  THAT  SUCH
 POLICE  OFFICER  IS A POLICE OFFICER ACTING IN THE COURSE OF SUCH POLICE
 OFFICER'S DUTIES, INCLUDING, BUT NOT LIMITED TO, A BADGE, TACTICAL GEAR,
 A GUN BELT, A PATCH OR OTHER INSIGNIA.
   (D) "LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES" SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, TRAFFIC STOPS, PEDESTRIAN STOPS, ARRESTS, SEARCH-
 ES,  INTERROGATIONS,  INVESTIGATIONS,  PURSUITS,  CROWD CONTROL, TRAFFIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13482-01-9

 A. 8596                             2
 
 CONTROL, INTERACTIONS WITH INDIVIDUALS WHILE  ON  PATROL  THAT  ARE  NOT
 COMMUNITY  CARETAKING FUNCTIONS, OR ANY OTHER INSTANCE IN WHICH A POLICE
 OFFICER IS ENFORCING THE LAWS OF THE  MUNICIPALITY,  COUNTY,  OR  STATE.
 "LAW  ENFORCEMENT-RELATED  ENCOUNTERS  OR  ACTIVITIES" SHALL NOT INCLUDE
 ACTIVITIES OCCURRING WHILE THE POLICE OFFICER  IS  COMPLETING  PAPERWORK
 ALONE  OR  IN THE PRESENCE OF ANOTHER POLICE OFFICER, OR COMMUNITY CARE-
 TAKING FUNCTIONS.
   (E) "RECORDING" SHALL MEAN THE PROCESS OF CAPTURING DATA  OR  INFORMA-
 TION  STORED  ON  A  RECORDING  MEDIUM FOR THE RETENTION AND PLAYBACK OF
 RECORDED AUDIO AND VIDEO INCLUDING, BUT  NOT  LIMITED  TO,  HARD  DRIVE,
 CLOUD  STORAGE,  SOLID  STATE, DIGITAL OR FLASH MEMORY TECHNOLOGY OR ANY
 OTHER ELECTRONIC MEDIUM.
   2. A POLICE AGENCY SHALL ENSURE THAT EACH POLICE OFFICER IN ITS EMPLOY
 WHO REQUESTS A BODY-WORN CAMERA IS EQUIPPED WITH A BODY-WORN CAMERA  AND
 THAT  SUCH  BODY-WORN CAMERA IS IN OPERATION AND CREATING A RECORDING AT
 ALL TIMES SUCH POLICE OFFICER IS IN UNIFORM AND ENGAGED IN LAW  ENFORCE-
 MENT-RELATED  ENCOUNTERS  OR  ACTIVITIES. EACH POLICE AGENCY SHALL ADOPT
 POLICIES AND PROCEDURES RELATING TO THE  USE  OF  BODY-WORN  CAMERAS  BY
 POLICE  OFFICERS IN ITS EMPLOY AND THE MAINTENANCE AND RETENTION OF DATA
 AND RECORDINGS.
   3. NO POLICE AGENCY SHALL ENTER INTO AN AGREEMENT OR JOINT TASK  FORCE
 WITH ANY OTHER STATE OR FEDERAL AGENCY WHICH REQUIRES POLICE OFFICERS TO
 ENGAGE  IN  LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES WITHOUT THE
 USE OF A BODY-WORN CAMERA.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.