Senate Bill S3416

2021-2022 Legislative Session

Relates to photographing or recording a law enforcement officer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S3416 (ACTIVE) - Details

See Assembly Version of this Bill:
A5372
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §195.05, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6735
2017-2018: S4695
2019-2020: S3039
2023-2024: S4154, A3806

2021-S3416 (ACTIVE) - Summary

Relates to permitting the photographing or recording of a law enforcement officer as long as such person isn't under arrest; outlines unlawful retaliatory measures by law enforcement for such photography or recording.

2021-S3416 (ACTIVE) - Sponsor Memo

2021-S3416 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3416
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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
              

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