BILL NUMBER: S3806A

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring all
police officers and peace officers involved in the execution of a search
warrant or other entry onto a premises to wear body cameras

 
PURPOSE:

To protect the safety and rights of individuals and increase police
accountability when during the execution of a search warrant or entering
a premises.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds subdivision 3-a to § 690.50 of the criminal
procedure law to prohibit the execution of a search warrant unless its
execution is recorded by a functioning and unobstructed body camera or
other video recording device. This section also requires that each
police officer who is involved in the execution of the search warrant to
              

wear a functioning and unobstructed body camera that shall be active
before and during the execution of the search and following any related
action after the execution of the search warrant, including, but not
limited to, the securing of any persons or evidence.

Section two of the bill requires police officers and peace officers to
wear and turn on a body camera or other functioning and unobstructed
video recording device before entering a property or premises regardless
if the police officer or peace officer has received consent to enter the
property or premises, or if there are exigent or emergency circumstances
or if the police officer or peace officer is otherwise authorized to
enter the property or premises.Police officers and peace officers are
further required to have the body camera or other video recording device
active before and during the police officer's or peace officer's occupa-
tion of the property or premises and during any related action following
the including, but not limited to, the securing of any person or
evidence. This section also defines "police officer" and "peace officer"
for this act to have the same meaning as subdivisions thirty-three and
thirty-four of section 1.20 of the criminal procedure law.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

The details of the tragic death of Breonna Taylor at the hands of the
three Louisville Metro Police officers while executing a search warrant
remain a mystery because the officers who conducted the search warrant
were not required to wear cameras. Without this video it is extremely
difficult to determine the actions that led up to Breonna Taylor's
death. One of the things that is known is that police used aggressive
tactics, which included the use of a battering ram, in executing the
search warrant.

Acts of police misconduct continue to permeate our society; however, the
use of body cameras has provided greater transparency and accountability
in policing. Additionally, studies have found that there are numerous
benefits in officers using body cameras including an increase in posi-
tive interactions between officers and citizens, a reduction in crime
and in citizen complaints, and a general feeling in the public feeling
safer. In New York State, the Buffalo Police Department has acted proac-
tively by requiring officers who interact significantly with the public
to activate their body cameras in multiple situations, including when
executing a search warrant.

Adopting a statewide policy that requires police officers to use their
body cameras when executing a search warrant will be beneficial to the
citizens of New York not only ensuring that there is greater account-
ability but also in reducing the likelihood that tragedies like the
death Breonna Taylor occur.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.10645 - Referred to Codes

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Thirtieth day after becoming law