S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8674--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 23, 2019
                                ___________
 
 Introduced  by  M. of A. WALKER, RICHARDSON, RODRIGUEZ, BLAKE, MOSLEY --
   read once and referred to the Committee on Governmental 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

 AN  ACT  to amend the executive law, in relation to the use of body-worn
   cameras by New York state police officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state police body-worn cameras program".
   § 2. The executive law is amended by adding a new section 234 to  read
 as follows:
   §  234.  NEW YORK STATE POLICE BODY-WORN CAMERAS PROGRAM. 1.  THERE IS
 HEREBY CREATED WITHIN THE DIVISION OF STATE  POLICE  A  NEW  YORK  STATE
 POLICE  BODY-WORN  CAMERAS  PROGRAM.  THE  PURPOSE  OF THE PROGRAM IS TO
 INCREASE ACCOUNTABILITY AND EVIDENCE FOR LAW ENFORCEMENT AND  THE  RESI-
 DENTS  OF  THE  STATE BY PROVIDING BODY-WORN CAMERAS TO ALL STATE POLICE
 OFFICERS WHILE ON PATROL.
   2. THE DIVISION OF STATE POLICE SHALL PROVIDE BODY-WORN CAMERAS, TO BE
 WORN BY OFFICERS AT ALL TIMES, WHILE ON  PATROL.    SUCH  CAMERAS  SHALL
 RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A PATROL VEHICLE TO INTERACT
 WITH A PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA  INSIDE  SUCH
 VEHICLE WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13695-06-0

 A. 8674--A                          2
 
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I)  ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3. THE ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  INSTANCE  WHERE  BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B)  WHEN  A  MEMBER  OF  THE PUBLIC ASKS SUCH OFFICER TO TURN OFF THE
 CAMERA; PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE  OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5.  THE  DIVISION  OF  STATE  POLICE SHALL PRESERVE RECORDINGS OF SUCH
 BODY-WORN CAMERAS AND PERFORM ALL UPKEEP ON EQUIPMENT USED IN SUCH BODY-
 WORN CAMERAS. SUCH DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.