S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1934
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred 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 245.20 of the  criminal
 procedure  law, as amended by section 2 of part HHH of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (g) All tapes or other electronic recordings, including all electronic
 recordings of 911 telephone calls made or received  in  connection  with
 the  alleged  criminal  incident AND 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 a designation by the prosecutor as  to  which  of
 the recordings under this paragraph the prosecution intends to introduce
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02338-02-1

 A. 1934                             2
 
 at  trial  or  a  pre-trial hearing. If the discoverable materials under
 this paragraph exceed ten hours in total  length,  the  prosecution  may
 disclose  only the recordings that it intends to introduce at trial or a
 pre-trial hearing, along with a list of the source and approximate quan-
 tity  of other recordings and their general subject matter if known, and
 the defendant shall have the right upon request to obtain recordings not
 previously disclosed. The prosecution shall disclose the requested mate-
 rials as soon as practicable and not less  than  fifteen  calendar  days
 after  the  defendant's request, unless an order is obtained pursuant to
 section 245.70 of this article. The prosecution may withhold  the  names
 and  identifying information of any person who contacted 911 without the
 need for a protective order pursuant to section 245.70 of this  article,
 provided,  however,  the defendant may move the court for disclosure. If
 the prosecution intends to call such person as a witness at a  trial  or
 hearing,  the prosecution must disclose the name and contact information
 of such witness no later than fifteen days before such trial or hearing,
 or as soon as practicable.
   § 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.