S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6487
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DICKENS, ABINANTI, BARRON, EPSTEIN, HYNDMAN,
   GOTTFRIED, GLICK, O'DONNELL, PICHARDO, RICHARDSON, TAYLOR -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to allowing police  offi-
   cers  to wear body-worn cameras, and prohibiting agreements with other
   state or federal agencies that prevent the use of such cameras
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. POLICE USE OF BODY-WORN CAMERAS.  1. FOR THE PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BODY-WORN CAMERA" SHALL MEAN  AN  ELECTRONIC  CAMERA  SYSTEM  FOR
 CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING, AND PROC-
 ESSING AUDIOVISUAL RECORDINGS THAT ARE WORN BY A POLICE OFFICER.
   (B)  "COMMUNITY CARETAKING FUNCTION" SHALL MEAN A TASK UNDERTAKEN BY A
 POLICE OFFICER IN WHICH SUCH POLICE OFFICER IS PERFORMING AN ARTICULABLE
 ACT UNRELATED TO THE INVESTIGATION OF  A  CRIME.  "COMMUNITY  CARETAKING
 FUNCTION"  INCLUDES,  BUT IS NOT LIMITED TO, PARTICIPATING IN TOWN HALLS
 OR OTHER COMMUNITY OUTREACH, HELPING A CHILD FIND THE  CHILD'S  PARENTS,
 PROVIDING  DEATH  NOTIFICATIONS,  DEALING  WITH  INDIVIDUALS  ASKING FOR
 DIRECTIONS OR OTHER ASSISTANCE AND PERFORMING IN-HOME OR HOSPITAL  WELL-
 BEING CHECKS ON PERSONS WHO ARE SICK, ELDERLY OR PRESUMED MISSING.
   (C)  "IN UNIFORM" WITH RESPECT TO A POLICE OFFICER, SHALL MEAN WEARING
 ANY OFFICIALLY AUTHORIZED UNIFORM DESIGNATED BY A POLICE AGENCY OR VISI-
 BLY WEARING ARTICLES OF CLOTHING OR OTHER  ITEMS  INDICATING  THAT  SUCH
 POLICE  OFFICER  IS A POLICE OFFICER ACTING IN THE COURSE OF SUCH POLICE
 OFFICER'S DUTIES, INCLUDING, BUT NOT LIMITED TO, A BADGE, TACTICAL GEAR,
 A GUN BELT, A PATCH OR OTHER INSIGNIA.
   (D) "LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES" SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, TRAFFIC STOPS, PEDESTRIAN STOPS, ARRESTS, SEARCH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03748-01-1

 A. 6487                             2
 
 ES,  INTERROGATIONS,  INVESTIGATIONS,  PURSUITS,  CROWD CONTROL, TRAFFIC
 CONTROL, INTERACTIONS WITH INDIVIDUALS WHILE  ON  PATROL  THAT  ARE  NOT
 COMMUNITY  CARETAKING FUNCTIONS, OR ANY OTHER INSTANCE IN WHICH A POLICE
 OFFICER  IS  ENFORCING  THE  LAWS OF THE MUNICIPALITY, COUNTY, OR STATE.
 "LAW ENFORCEMENT-RELATED ENCOUNTERS OR  ACTIVITIES"  SHALL  NOT  INCLUDE
 ACTIVITIES  OCCURRING  WHILE  THE POLICE OFFICER IS COMPLETING PAPERWORK
 ALONE OR IN THE PRESENCE OF ANOTHER POLICE OFFICER, OR  COMMUNITY  CARE-
 TAKING FUNCTIONS.
   (E)  "RECORDING"  SHALL MEAN THE PROCESS OF CAPTURING DATA OR INFORMA-
 TION STORED ON A RECORDING MEDIUM FOR  THE  RETENTION  AND  PLAYBACK  OF
 RECORDED  AUDIO  AND  VIDEO  INCLUDING,  BUT NOT LIMITED TO, HARD DRIVE,
 CLOUD STORAGE, SOLID STATE, DIGITAL OR FLASH MEMORY  TECHNOLOGY  OR  ANY
 OTHER ELECTRONIC MEDIUM.
   2. A POLICE AGENCY SHALL ENSURE THAT EACH POLICE OFFICER IN ITS EMPLOY
 WHO  REQUESTS A BODY-WORN CAMERA IS EQUIPPED WITH A BODY-WORN CAMERA AND
 THAT SUCH BODY-WORN CAMERA IS IN OPERATION AND CREATING A  RECORDING  AT
 ALL  TIMES SUCH POLICE OFFICER IS IN UNIFORM AND ENGAGED IN LAW ENFORCE-
 MENT-RELATED ENCOUNTERS OR ACTIVITIES. EACH POLICE  AGENCY  SHALL  ADOPT
 POLICIES  AND  PROCEDURES  RELATING  TO  THE USE OF BODY-WORN CAMERAS BY
 POLICE OFFICERS IN ITS EMPLOY AND THE MAINTENANCE AND RETENTION OF  DATA
 AND RECORDINGS.
   3.  NO POLICE AGENCY SHALL ENTER INTO AN AGREEMENT OR JOINT TASK FORCE
 WITH ANY OTHER STATE OR FEDERAL AGENCY WHICH REQUIRES POLICE OFFICERS TO
 ENGAGE IN LAW ENFORCEMENT-RELATED ENCOUNTERS OR ACTIVITIES  WITHOUT  THE
 USE OF A BODY-WORN CAMERA.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.