NY State Senate Bill 2019-S3139

Senate Bill S3139

2019-2020 Legislative Session

Relates to the discoverability of recordings found on police body cameras and vehicle cameras

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Feb 04, 2019	referred to judiciary

co-Sponsors

2019-S3139 (ACTIVE) - Details

See Assembly Version of this Bill:: A1341
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §240.20, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7682
2017-2018: A2825
2021-2022: S727, A1934
2023-2024: S2305, A6464

2019-S3139 (ACTIVE) - Summary

Relates to the discoverability of recordings found on police body cameras and vehicle cameras; establishes Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film, and Photographs.

2019-S3139 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3139

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officer's body
camera as well as any camera installed in a police or peace officers
vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision (i) of § 3101 of the civil
practice law and rules to require that all recordings found on a police

or peace officer's body and/or camera installed in a police or peace
officer's vehicle, be subject to full disclosure.

Section two of the bill amends paragraph (g) of subdivision 1 of §
240.20 of the criminal procedure law to require that all recordings
found on a police or peace officer's body and/or camera installed in a
police or peace officer's vehicle, be subject to full disclosure.

Section three of the bill directs the attorney general to establish the
"Panel of Experts on the Use and Disclosure of Recorded Video, Digital
Audio, Film and Photograms" consisting of fifteen members selected by
the attorney general including past or present criminal defense attor-
neys, former police officers, former district attorneys, public advo-
cates, past or present civil rights attorneys, experts in videography,
and experts in digital audio recordings to develop statewide uniform
rules and regulations regarding the use and disclosure of content from
body cameras and any cameras or recording devices used by police or
peace officers at any facility during the execution of their duties.
This section also requires that once such statewide uniform rules and
regulations proposed by the panel have been finalized, all state, coun-
ty, city, and town law enforcement would be required to implement such
regulations and rules within ninety days.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

Given recent events, police body cameras and police vehicle mounted
cameras have become integral pieces of evidence in certain criminal and
civil proceedings and investigations.This bill requires the full disclo-
sure of all recordings found on a police or peace officer's body camera
and/or camera installed in a police or peace officer's vehicle and for
its presentation as evidence in any matter subject to disclosure. Pres-
ervation of this recording evidence is imperative to a fair judicial
process, and will ensure that parties in a related criminal or civil
proceeding or investigation, including, but not limited to, grand
juries, prosecutors, and defendants have this crucial information.
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle will provide
for greater accountability and transparency in the legal process. The
establishment of statewide uniform regulations and rules will provide
the public with confidence that the materials recorded by police and
peace officers will be appropriately preserved and available for use in
the judicial process.

 
LEGISLATIVE HISTORY:

2017-2018: A.2825 - Referred to Judiciary
2015-2016: A.7682-A - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2019-S3139 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3139
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD06675-01-9

 S. 3139                             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.

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Senate Bill S3139

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Sponsored By

Zellnor Myrie