S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3039
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to photographing or recording
   a law enforcement officer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 195.05 of the penal law, as amended by chapter 269
 of the laws of 1998, is amended to read as follows:
 § 195.05 Obstructing governmental administration in the second degree.
   1. A person is guilty of obstructing  governmental  administration  IN
 THE  SECOND  DEGREE when he intentionally obstructs, impairs or perverts
 the administration of law or other governmental function or prevents  or
 attempts  to  prevent a public servant from performing an official func-
 tion, by means of intimidation, physical force or  interference,  or  by
 means  of  any  independently  unlawful act, or by means of interfering,
 whether or not physical force is involved, with radio, telephone,  tele-
 vision  or  other  telecommunications  systems  owned or operated by the
 state, or a county, city, town,  village,  fire  district  or  emergency
 medical  service  or  by  means  of  releasing  a dangerous animal under
 circumstances evincing the  actor's  intent  that  the  animal  obstruct
 governmental administration.
   2.  A  PERSON  IS  PERMITTED  TO EXERCISE THEIR RIGHT TO PHOTOGRAPH OR
 RECORD A LAW ENFORCEMENT OFFICER PERFORMING THEIR DUTIES WHILE THE OFFI-
 CER IS IN A PUBLIC PLACE OR PUBLIC VIEW, OR THE PERSON IS IN  A  PRIVATE
 PLACE THE PERSON HAS THE RIGHT TO BE.
   (A) IF SUCH PHOTOGRAPHY OR RECORDING OCCURS, AN OFFICER SHALL NOT:
   (I)  INTENTIONALLY HINDER, PREVENT, OR OBSTRUCT THE PERSON FROM TAKING
 A PHOTOGRAPH OR MAKING A RECORDING;
   (II) DETAIN, ARREST, THREATEN, INTIMIDATE, OR  OTHERWISE  HARASS  SUCH
 PERSON;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09137-01-9
              

 S. 3039                             2
 
   (III)  SEARCH  OR  SEIZE  THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
 TAKE THE PHOTOGRAPH OR MAKE THE RECORDING WITHOUT SUCH PERSON'S  PERMIS-
 SION OR A WARRANT; OR
   (IV)  DAMAGE  OR  DESTROY THE PHOTOGRAPH, RECORDING, OR DEVICE USED TO
 TAKE THE PHOTOGRAPH OR MAKE THE RECORDING.
   (B) THIS SUBDIVISION SHALL NOT APPLY TO A PERSON IF AN OFFICER  IS  IN
 THE  ACT  OF  PLACING  SUCH  PERSON  UNDER ARREST OR THE PERSON IS UNDER
 ARREST.
   (C) IF AN OFFICER VIOLATES THIS SUBDIVISION, SUCH PERSON SHALL HAVE  A
 CIVIL CAUSE OF ACTION AGAINST THE OFFICER AND THE OFFICER'S LAW ENFORCE-
 MENT AGENCY.
   Obstructing  governmental  administration  IN  THE  SECOND DEGREE is a
 class A misdemeanor.
   § 2. This act shall take effect immediately.