NY State Senate Bill 2019-S3253A

Archive: Last Bill Status - Signed by Governor

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
Jun 14, 2020	signed chap.100 delivered to governor
Jun 08, 2020	returned to senate passed assembly ordered to third reading cal.70 substituted for a1360a referred to codes delivered to assembly passed senate ordered to third reading cal.678 reported and committed to rules
Mar 10, 2020	print number 3253a
Mar 10, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Feb 05, 2019	referred to codes

Votes

- Jun 8, 2020 - Floor Vote
  S3253A
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2020
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (3)
      
      Akshar
      
      Helming
      
      Seward
  May 28, 2020 - Rules Committee Vote
  S3253A
  
  17
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2020
      
      aye (17)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      Seward
      
      aye wr (1)
      
      Robach

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3253 - Details

See Assembly Version of this Bill:: A1360
Law Section:: Civil Rights Law
Laws Affected:: Add §79-p, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8074, A10387
2017-2018: S2876, A2448

2019-S3253 - Summary

Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.

2019-S3253 - Sponsor Memo

                                
 
BILL NUMBER: S3253

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to recording certain
law enforcement activities

 
PURPOSE:

The purpose of this legislation is to establish the "New Yorker's Right
to Monitor Act" which enforces the rights of individuals to film or
record a police officer(s) in the act of making an arrest or other law
enforcement activity, and ensures that such police officer(s) shall not
intentionally block or obstruct recording devices being purposefully
used for monitoring such arrests or other law activity.

 
SUMMARY OF SPECIFIC PROVISIONS:

The criminal procedure law is amended by adding a new section, 120.85,
entitled "Warrant of arrest, filming of arrest" which allows for indi-

viduals in New York State with respect to both public and private prop-
erty to:

(1) film or record police officers in the act of making an arrest or
other law enforcement activity;

(2) not be subject to harassment or arrest for filming or recording an
arrest or other law enforcement activity, provided that they do so with-
out intentionally obstructing governmental administration; and

(3) not be charged with penal code 240.20 disorderly conduct or
obstruction of governmental administration for recording or filming an
arrest or other law enforcement activity in a manner that is reasonable
and otherwise lawful.

Section 120.85 of the criminal procedure law further provides that:

(4) a police officer may not search or seize a camera or recording
device without a warrant, unless used in the commission of a crime;

(5) a police officer shall not threaten, intimidate, or otherwise
discourage an individual(s) from recording or filming an arrest or other
law enforcement activity, and that such individuals should be provided
notice and opportunity to object before they are irrevocably deprived of
their recordings;

(6) a police officer shall not damage or erase the contents of a camera
or recording device, and the destruction of such by a police officer
shall constitute tampering with physical evidence; and

(7) the Attorney General shall establish clear written guidelines under
which circumstances a police officer may seize a recording device, and
the manner in which the recording device shall be maintained after its
seizure.

 
JUSTIFICATION:


The advancements in audio and video technology have become readily
available to the general population. This phenomenon has most New York-
ers to become an integral part in monitoring law enforcement activity.
The first amendment of the New York State Constitution protects the
ability of individuals to photograph, record and videotape law enforce-
ment officers during their official duties.

The rights of uninvolved onlookers to record law enforcement activity
provide critical checks and balances on the tremendous power of the
police. Video and/or audio taping creates an independent record of what
took place in a particular incident, free from accusations of bias,
untruths, or faulty recollection. It is not coincidental that most high-
profile cases of police misconduct have involved video and audio
recordings.

Consequently, there is a widespread, continuing pattern of law enforce-
ment officers ordering onlookers to cease video or audio recording of
their official behavior and actions while in the line of duty. More
importantly, those who do not comply with police officers' requests to
cease video or audio recording, which is their constitutional right, are
harassed, detained and even arrested by the police.

This bill, The "New Yorker's Right to Monitor Act" is necessary to
ensure that New Yorkers are allowed to exercise their constitutional
right and shall not be intimidated by law enforcement or unfairly
arrested by law enforcement. This bill seeks to strike a delicate
balance in acknowledging the difficult responsibility of law enforcement
officers in carrying out their duties to ensure public while ensuring
the protection of New York State resident's constitutional rights.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.2876 - Referred to Codes
2015-16: S.8074/A.10387A - Referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S3253 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3253
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN  ACT  to amend the civil rights law, in relation to recording certain
   law enforcement activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known  and may be cited as the "New
 Yorker's right to monitor act".
   § 2. The civil rights law is amended by adding a new section  79-o  to
 read as follows:
   §  79-O. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY  OFFI-
 CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE-
 MENT ACTIVITY;
   (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING
 UNDER THE COLOR OF LAW; AND
   (C)  "RECORD"  MEANS  TO  CAPTURE  OR ATTEMPT TO CAPTURE ANY MOVING OR
 STILL IMAGE, SOUND, OR IMPRESSION  THROUGH  THE  USE  OF  ANY  RECORDING
 DEVICE,  CAMERA,  OR ANY OTHER DEVICE CAPABLE OF CAPTURING AUDIO, MOVING
 OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS.
   2. RIGHT TO RECORD LAW ENFORCEMENT RELATED ACTIVITIES.  A  PERSON  NOT
 UNDER  ARREST  OR  IN  THE CUSTODY OF A LAW ENFORCEMENT OFFICIAL HAS THE
 RIGHT TO RECORD LAW ENFORCEMENT ACTIVITY AND  TO  MAINTAIN  CUSTODY  AND
 CONTROL  OF  THAT  RECORDING  AND OF ANY PROPERTY OR INSTRUMENTS USED BY
 THAT PERSON TO RECORD LAW  ENFORCEMENT  ACTIVITIES,  PROVIDED,  HOWEVER,
 THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE,
 FORFEIT  THE  RIGHT  TO HAVE ANY SUCH RECORDINGS, PROPERTY AND EQUIPMENT
 MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL
 BE CONSTRUED TO PERMIT A PERSON TO ENGAGE  IN  ACTIONS  THAT  PHYSICALLY
 INTERFERE  WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A CRIME
 DEFINED IN THE PENAL LAW  INVOLVING  OBSTRUCTING  GOVERNMENTAL  ADMINIS-
 TRATION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06662-01-9

 S. 3253                             2
 
   3.  PRIVATE RIGHT OF ACTION. (A) A CLAIM OF UNLAWFUL INTERFERENCE WITH
 RECORDING A LAW ENFORCEMENT ACTIVITY IS ESTABLISHED UNDER  THIS  SECTION
 WHEN  A  PERSON  DEMONSTRATES  THAT  HE OR SHE EXERCISED OR ATTEMPTED TO
 EXERCISE THE RIGHT ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  TO
 RECORD A LAW ENFORCEMENT ACTIVITY AND AN OFFICER ACTED TO INTERFERE WITH
 THAT PERSON'S RECORDING OF A LAW ENFORCEMENT ACTIVITY, INCLUDING BUT NOT
 LIMITED TO, BY:
   (I) INTENTIONALLY PREVENTING OR ATTEMPTING TO PREVENT THAT PERSON FROM
 RECORDING LAW ENFORCEMENT ACTIVITY;
   (II) THREATENING THAT PERSON FOR RECORDING A LAW ENFORCEMENT ACTIVITY;
   (III)  COMMANDING  THAT  THE  PERSON  CEASE  RECORDING LAW ENFORCEMENT
 ACTIVITY WHEN THE  PERSON  WAS  NEVERTHELESS  AUTHORIZED  UNDER  LAW  TO
 RECORD;
   (IV)  STOPPING, SEIZING, SEARCHING, TICKETING OR ARRESTING THAT PERSON
 BECAUSE THAT PERSON RECORDED A LAW ENFORCEMENT ACTIVITY; OR
   (V) UNLAWFULLY SEIZING PROPERTY OR INSTRUMENTS USED BY THAT PERSON  TO
 RECORD  A  LAW ENFORCEMENT ACTIVITY, UNLAWFULLY DESTROYING, OR SEIZING A
 RECORDED IMAGE OR RECORDED IMAGES OF  A  LAW  ENFORCEMENT  ACTIVITY,  OR
 COPYING  SUCH  A RECORDING OF A LAW ENFORCEMENT ACTIVITY WITHOUT CONSENT
 OF THE PERSON WHO RECORDED IT OR APPROVAL FROM AN APPROPRIATE COURT.
   (B) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CIVIL ACTION UNDER SUBPAR-
 AGRAPHS (I), (III) AND (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT AT
 THE TIME OF SUCH CONDUCT BY AN OFFICER, SUCH OFFICER HAD PROBABLE  CAUSE
 TO  ARREST  THE  PERSON  RECORDING SUCH A LAW ENFORCEMENT ACTIVITY FOR A
 CRIME DEFINED IN THE PENAL LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMIN-
 ISTRATION.
   (C) A PERSON SUBJECT  TO  UNLAWFUL  INTERFERENCE  WITH  RECORDING  LAW
 ENFORCEMENT ACTIVITIES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
 MAY  BRING  AN  ACTION FOR ANY VIOLATION OF THIS SECTION IN ANY COURT OF
 COMPETENT JURISDICTION FOR  DAMAGES,  INCLUDING  PUNITIVE  DAMAGES,  FOR
 DECLARATORY  AND INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS THE COURT
 MAY DEEM APPROPRIATE.
   (D) IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION,  THE
 COURT  MAY  ALLOW  A PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND
 EXPERT FEES AS A PART OF THE COSTS WHICH MAY BE RECOVERED.
   (E) ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION SHALL BE
 COMMENCED NO LATER  THAN  THREE  YEARS  AFTER  THE  DATE  ON  WHICH  THE
 VIOLATION OF THIS SECTION IS COMMITTED.
   4.  PRESERVATION  OF  RIGHTS. THIS SECTION SHALL BE IN ADDITION TO ALL
 RIGHTS, PROCEDURES, AND  REMEDIES  AVAILABLE  UNDER  THE  UNITED  STATES
 CONSTITUTION, 42 USC 1983, THE CONSTITUTION OF THE STATE OF NEW YORK AND
 ALL  OTHER  FEDERAL  LAW,  STATE LAW, LAW OF THE CITY OF NEW YORK OR THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND ALL OTHER  CIVIL  REME-
 DIES,  INCLUDING  MONETARY DAMAGES, CREATED BY STATUTE, ORDINANCE, REGU-
 LATION OR COMMON LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the reminder thereof, but shall be confined in its
 operation to the clause, sentence, paragraph,  subdivision,  section  or
 part  thereof  directly involved in the controversy in which such judge-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S3253A (ACTIVE) - Details

See Assembly Version of this Bill:: A1360
Law Section:: Civil Rights Law
Laws Affected:: Add §79-p, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8074, A10387
2017-2018: S2876, A2448

2019-S3253A (ACTIVE) - Summary

2019-S3253A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3253A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to recording certain
law enforcement activities

 
PURPOSE:

The purpose of this legislation is to unambiguously affirm, by statutory
enactment, the right of New Yorkers to record, with expressed
exceptions, the actions of persons acting under the color of law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill provides that the act shall be known as the "New
Yorker's right to monitor act."

Section two of the bill adds § 79-p to the civil rights law entitled
"Recording certain activities." This section includes: definitions;

delineates the right to record law enforcement related activities;
creates a right of action for persons who suffer an unlawful abridgement
of their right to record and an affirmative defense for persons charged
with a violation of this right; and preservation of rights.

Section three of the bill includes a severability clause. Section four
of the bill provides the effective date.

 
JUSTIFICATION:

Several Federal Circuit Courts, the First, Seventh, Ninth, and Eleventh
Circuits, have issued clear and consistent opinions finding that the
First Amendment of the United States Constitution openly confers and
protects the right of ordinary civilians to record police activity. The
right of people to document the public activities of law enforcement
helps to ensure that the police and others engaged in law enforcement
activities are accountable to the public.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.2876/A.2448 - Codes / Third Reading Calendar
2017: S.2876/A.2448 - Codes/ Referred to Rules
2016: S.8074/A.10387-A - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Thirty days after becoming a law.

2019-S3253A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3253--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the civil rights law, in relation to  recording  certain
   law enforcement activities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known  and  may  be  cited  as  the  "New
 Yorker's right to monitor act".
   §  2.  The civil rights law is amended by adding a new section 79-p to
 read as follows:
   § 79-P. RECORDING CERTAIN ACTIVITIES. 1. DEFINITIONS. FOR PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "OFFICER" MEANS ANY PEACE OFFICER, POLICE OFFICER, SECURITY OFFI-
 CER, SECURITY GUARD OR SIMILAR OFFICIAL WHO IS ENGAGED IN A LAW ENFORCE-
 MENT ACTIVITY;
   (B) "LAW ENFORCEMENT ACTIVITY" MEANS ANY ACTIVITY BY AN OFFICER ACTING
 UNDER THE COLOR OF LAW; AND
   (C) "RECORD" MEANS TO CAPTURE OR ATTEMPT  TO  CAPTURE  ANY  MOVING  OR
 STILL  IMAGE,  SOUND,  OR  IMPRESSION  THROUGH  THE USE OF ANY RECORDING
 DEVICE, CAMERA, OR ANY OTHER DEVICE CAPABLE OF CAPTURING  AUDIO,  MOVING
 OR STILL IMAGES, OR BY WAY OF WRITTEN NOTES OR OBSERVATIONS.
   2.  RIGHT  TO  RECORD LAW ENFORCEMENT RELATED ACTIVITIES. A PERSON NOT
 UNDER ARREST OR IN THE CUSTODY OF A LAW  ENFORCEMENT  OFFICIAL  HAS  THE
 RIGHT  TO  RECORD  LAW  ENFORCEMENT ACTIVITY AND TO MAINTAIN CUSTODY AND
 CONTROL OF THAT RECORDING AND OF ANY PROPERTY  OR  INSTRUMENTS  USED  BY
 THAT  PERSON  TO  RECORD  LAW ENFORCEMENT ACTIVITIES, PROVIDED, HOWEVER,
 THAT A PERSON IN CUSTODY OR UNDER ARREST DOES NOT, BY THAT STATUS ALONE,
 FORFEIT THE RIGHT TO HAVE ANY SUCH RECORDINGS,  PROPERTY  AND  EQUIPMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06662-03-0

 S. 3253--A                          2
 
 MAINTAINED AND RETURNED TO HIM OR HER. NOTHING IN THIS SUBDIVISION SHALL
 BE  CONSTRUED  TO  PERMIT  A PERSON TO ENGAGE IN ACTIONS THAT PHYSICALLY
 INTERFERE WITH LAW ENFORCEMENT ACTIVITY OR OTHERWISE CONSTITUTE A  CRIME
 DEFINED  IN  THE  PENAL  LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMINIS-
 TRATION.
   3. PRIVATE RIGHT OF ACTION. (A) A CLAIM OF UNLAWFUL INTERFERENCE  WITH
 RECORDING  A  LAW ENFORCEMENT ACTIVITY IS ESTABLISHED UNDER THIS SECTION
 WHEN A PERSON DEMONSTRATES THAT HE OR  SHE  EXERCISED  OR  ATTEMPTED  TO
 EXERCISE  THE  RIGHT  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION TO
 RECORD A LAW ENFORCEMENT ACTIVITY AND AN OFFICER ACTED TO INTERFERE WITH
 THAT PERSON'S RECORDING OF A LAW ENFORCEMENT ACTIVITY, INCLUDING BUT NOT
 LIMITED TO, BY:
   (I) INTENTIONALLY PREVENTING OR ATTEMPTING TO PREVENT THAT PERSON FROM
 RECORDING LAW ENFORCEMENT ACTIVITY;
   (II) THREATENING THAT PERSON FOR RECORDING A LAW ENFORCEMENT ACTIVITY;
   (III) COMMANDING THAT  THE  PERSON  CEASE  RECORDING  LAW  ENFORCEMENT
 ACTIVITY  WHEN  THE  PERSON  WAS  NEVERTHELESS  AUTHORIZED  UNDER LAW TO
 RECORD;
   (IV) STOPPING, SEIZING, SEARCHING, TICKETING OR ARRESTING THAT  PERSON
 BECAUSE THAT PERSON RECORDED A LAW ENFORCEMENT ACTIVITY; OR
   (V)  UNLAWFULLY SEIZING PROPERTY OR INSTRUMENTS USED BY THAT PERSON TO
 RECORD A LAW ENFORCEMENT ACTIVITY, UNLAWFULLY DESTROYING, OR  SEIZING  A
 RECORDED  IMAGE  OR  RECORDED  IMAGES  OF A LAW ENFORCEMENT ACTIVITY, OR
 COPYING SUCH A RECORDING OF A LAW ENFORCEMENT ACTIVITY  WITHOUT  CONSENT
 OF THE PERSON WHO RECORDED IT OR APPROVAL FROM AN APPROPRIATE COURT.
   (B) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CIVIL ACTION UNDER SUBPAR-
 AGRAPHS (I), (III) AND (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT AT
 THE  TIME OF SUCH CONDUCT BY AN OFFICER, SUCH OFFICER HAD PROBABLE CAUSE
 TO ARREST THE PERSON RECORDING SUCH A LAW  ENFORCEMENT  ACTIVITY  FOR  A
 CRIME DEFINED IN THE PENAL LAW INVOLVING OBSTRUCTING GOVERNMENTAL ADMIN-
 ISTRATION.
   (C)  A  PERSON  SUBJECT  TO  UNLAWFUL  INTERFERENCE WITH RECORDING LAW
 ENFORCEMENT ACTIVITIES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
 MAY BRING AN ACTION FOR ANY VIOLATION OF THIS SECTION IN  ANY  COURT  OF
 COMPETENT  JURISDICTION  FOR  DAMAGES,  INCLUDING  PUNITIVE DAMAGES, FOR
 DECLARATORY AND INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS THE  COURT
 MAY DEEM APPROPRIATE.
   (D)  IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION, THE
 COURT MAY ALLOW A PREVAILING PLAINTIFF REASONABLE  ATTORNEY'S  FEES  AND
 EXPERT FEES AS A PART OF THE COSTS WHICH MAY BE RECOVERED.
   (E) ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION SHALL BE
 COMMENCED  NO  LATER  THAN  THREE  YEARS  AFTER  THE  DATE  ON WHICH THE
 VIOLATION OF THIS SECTION IS COMMITTED.
   4. PRESERVATION OF RIGHTS. THIS SECTION SHALL BE IN  ADDITION  TO  ALL
 RIGHTS,  PROCEDURES,  AND  REMEDIES  AVAILABLE  UNDER  THE UNITED STATES
 CONSTITUTION, 42 USC 1983, THE CONSTITUTION OF THE STATE OF NEW YORK AND
 ALL OTHER FEDERAL LAW, STATE LAW, LAW OF THE CITY OF  NEW  YORK  OR  THE
 ADMINISTRATIVE  CODE  OF THE CITY OF NEW YORK, AND ALL OTHER CIVIL REME-
 DIES, INCLUDING MONETARY DAMAGES, CREATED BY STATUTE,  ORDINANCE,  REGU-
 LATION OR COMMON LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair, or invalidate the reminder thereof, but shall be confined in its
 operation  to  the  clause, sentence, paragraph, subdivision, section or
 part thereof directly involved in the controversy in which  such  judge-

 S. 3253--A                          3
 
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S3253A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 8, 2020 - Floor Vote

Floor Vote: Jun 8, 2020

May 28, 2020 - Rules Committee Vote

Rules Committee Vote: May 28, 2020

Bill Amendments

co-Sponsors

2019-S3253 - Details

2019-S3253 - Summary

2019-S3253 - Sponsor Memo

2019-S3253 - Bill Text download pdf

co-Sponsors

2019-S3253A (ACTIVE) - Details

2019-S3253A (ACTIVE) - Summary

2019-S3253A (ACTIVE) - Sponsor Memo

2019-S3253A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3253A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S3253 - Details

2019-S3253 - Summary

2019-S3253 - Sponsor Memo

2019-S3253 - Bill Text download pdf

co-Sponsors

2019-S3253A (ACTIVE) - Details

2019-S3253A (ACTIVE) - Summary

2019-S3253A (ACTIVE) - Sponsor Memo

2019-S3253A (ACTIVE) - Bill Text download pdf

Comments