S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8649
 
                             I N  S E N A T E
 
                              March 25, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the parks, recre-
   ation and historic preservation law, in relation to the use  of  body-
   worn cameras by police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 3-0323 to read as follows:
 § 3-0323. POLICE OFFICER BODY-WORN CAMERAS PROGRAM.
   1.  THERE  IS  HEREBY  CREATED  WITHIN THE DEPARTMENT A POLICE OFFICER
 BODY-WORN CAMERAS PROGRAM.  THE PURPOSE OF THE PROGRAM  IS  TO  INCREASE
 ACCOUNTABILITY  AND  EVIDENCE  FOR POLICE OFFICERS OF THE DEPARTMENT AND
 THE RESIDENTS OF THE STATE BY PROVIDING BODY-WORN CAMERAS TO ALL  POLICE
 OFFICERS WHILE ON PATROL.
   2. THE DEPARTMENT SHALL PROVIDE BODY-WORN CAMERAS, TO BE WORN BY OFFI-
 CERS AT ALL TIMES, WHILE ON PATROL. SUCH CAMERAS SHALL RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A VEHICLE TO INTERACT WITH A
 PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA INSIDE SUCH  VEHICLE
 WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I) ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE  NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3.  THE  ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  INSTANCE WHERE BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15185-01-2
 S. 8649                             2
 
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B)  WHEN  A  MEMBER  OF  THE PUBLIC ASKS SUCH OFFICER TO TURN OFF THE
 CAMERA; PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE  OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5.  THE DEPARTMENT SHALL PRESERVE RECORDINGS OF SUCH BODY-WORN CAMERAS
 AND PERFORM ALL UPKEEP ON EQUIPMENT USED IN SUCH BODY-WORN CAMERAS. SUCH
 DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   § 2. The parks, recreation and historic preservation law is amended by
 adding a new section 13.33 to read as follows:
   §  13.33  REGIONAL  STATE  PARK POLICE BODY-WORN CAMERAS PROGRAM.   1.
 THERE IS HEREBY CREATED WITHIN THE OFFICE A REGIONAL STATE  PARK  POLICE
 BODY-WORN  CAMERAS  PROGRAM.  THE  PURPOSE OF THE PROGRAM IS TO INCREASE
 ACCOUNTABILITY AND EVIDENCE FOR OFFICERS AND THE RESIDENTS OF THE  STATE
 BY  PROVIDING  BODY-WORN CAMERAS TO ALL REGIONAL STATE PARK POLICE OFFI-
 CERS WHILE ON PATROL.
   2. THE OFFICE SHALL PROVIDE BODY-WORN CAMERAS, TO BE WORN BY  OFFICERS
 AT ALL TIMES, WHILE ON PATROL. SUCH CAMERAS SHALL RECORD:
   (A)  IMMEDIATELY  BEFORE AN OFFICER EXITS A VEHICLE TO INTERACT WITH A
 PERSON OR SITUATION, EVEN IF THERE IS A DASH CAMERA INSIDE SUCH  VEHICLE
 WHICH MIGHT ALSO BE RECORDING THE INTERACTION;
   (B)  ALL USES OF FORCE, INCLUDING ANY PHYSICAL AGGRESSION AND USE OF A
 NON-LETHAL OR LETHAL WEAPON;
   (C) ALL ARRESTS AND SUMMONSES;
   (D) ALL INTERACTIONS WITH PEOPLE SUSPECTED OF CRIMINAL ACTIVITY;
   (E) ALL SEARCHES OF PERSONS AND PROPERTY;
   (F) ANY CALL TO A CRIME IN PROGRESS;
   (G) INVESTIGATIVE ACTIONS WHERE THERE ARE INTERACTIONS WITH MEMBERS OF
 THE PUBLIC;
   (H) ANY INTERACTION WITH AN EMOTIONALLY DISTURBED PERSON; AND
   (I) ANY INSTANCES WHERE OFFICERS FEEL ANY IMMINENT DANGER OR THE  NEED
 TO DOCUMENT THEIR TIME ON DUTY.
   3.  THE  ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  INSTANCE WHERE BODY
 CAMERAS FAIL TO RECORD AN EVENT PURSUANT TO THIS SECTION.
   4. AT THE DISCRETION OF THE OFFICER, BODY-WORN CAMERAS MAY NOT RECORD:
   (A) SENSITIVE ENCOUNTERS, INCLUDING BUT NOT LIMITED TO SPEAKING WITH A
 CONFIDENTIAL INFORMANT, OR CONDUCTING A STRIP SEARCH; OR
   (B) WHEN A MEMBER OF THE PUBLIC ASKS SUCH  OFFICER  TO  TURN  OFF  THE
 CAMERA;  PROVIDED, HOWEVER, SUCH OFFICER MAY CONTINUE RECORDING IF HE OR
 SHE THINKS A RECORD OF THAT INTERACTION SHOULD BE GENERATED.
   5. THE OFFICE SHALL PRESERVE RECORDINGS OF SUCH BODY-WORN CAMERAS  AND
 PERFORM  ALL  UPKEEP  ON  EQUIPMENT USED IN SUCH BODY-WORN CAMERAS. SUCH
 DUTIES SHALL INCLUDE:
   (A) CREATING A SECURE RECORD OF ALL INSTANCES WHERE THERE IS  RECORDED
 VIDEO OR AUDIO FOOTAGE;
   (B)  ENSURING  OFFICERS  HAVE  SUFFICIENT  STORAGE  CAPACITY  ON THEIR
 CAMERAS TO ALLOW FOR THE RECORDING  OF  INTERACTIONS  REQUIRED  BY  THIS
 SECTION; AND
 S. 8649                             3
 
   (C) ENSURING OFFICERS HAVE ACCESS TO BODY-WORN CAMERAS FOR THE RECORD-
 ING OF INSTANCES REQUIRED BY THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.