S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5372
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred 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.
                                                            LBD05288-01-1
              

 A. 5372                             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.