S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6464
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to recordings found on police cameras
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (i) of section 3101 of the civil practice law
 and rules, as added by chapter 574 of the laws of 1993,  is  amended  to
 read as follows:
   (i)  In  addition  to any other matter which may be subject to disclo-
 sure, there shall be full disclosure of any  films,  photographs,  video
 tapes or audio tapes, INCLUDING, BUT NOT LIMITED TO, ALL RECORDINGS MADE
 OR  RECEIVED  IN  CONNECTION  WITH A POLICE OR PEACE OFFICER'S BODY WORN
 CAMERA AND/OR A CAMERA INSTALLED IN OR ON A POLICE  OR  PEACE  OFFICER'S
 VEHICLE,  including transcripts or memoranda thereof, involving a person
 referred to in paragraph one of subdivision (a) of this section.   There
 shall  be  disclosure  of  all portions of such material, including out-
 takes, rather than only those portions  a  party  intends  to  use.  The
 provisions of this subdivision shall not apply to materials compiled for
 law  enforcement purposes which are exempt from disclosure under section
 eighty-seven of the public officers law.
   § 2. Paragraph (g) of subdivision 1 of section 245.20 of the  criminal
 procedure  law, as amended by section 2 of part HHH of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (g) All tapes or other electronic recordings, including all electronic
 recordings of 911 telephone calls made or received  in  connection  with
 the  alleged  criminal  incident  AND INCLUDING, BUT NOT LIMITED TO, ALL
 RECORDINGS MADE OR RECEIVED IN CONNECTION WITH A POLICE OR  PEACE  OFFI-
 CER'S  BODY  WORN  CAMERA  AND/OR  CAMERA INSTALLED IN OR ON A POLICE OR
 PEACE OFFICER'S VEHICLE, and a designation by the prosecutor as to which
 of the recordings under this paragraph the prosecution intends to intro-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04103-01-3
              

 A. 6464                             2
 
 duce at trial or a pre-trial  hearing.  If  the  discoverable  materials
 under  this  paragraph exceed ten hours in total length, the prosecution
 may disclose only the recordings that it intends to introduce  at  trial
 or  a pre-trial hearing, along with a list of the source and approximate
 quantity of other recordings and their general subject matter if  known,
 and the defendant shall have the right upon request to obtain recordings
 not  previously  disclosed. The prosecution shall disclose the requested
 materials as soon as practicable and not less than fifteen calendar days
 after the defendant's request, unless an order is obtained  pursuant  to
 section  245.70  of this article. The prosecution may withhold the names
 and identifying information of any person who contacted 911 without  the
 need  for a protective order pursuant to section 245.70 of this article,
 provided, however, the defendant may move the court for  disclosure.  If
 the  prosecution  intends to call such person as a witness at a trial or
 hearing, the prosecution must disclose the name and contact  information
 of such witness no later than fifteen days before such trial or hearing,
 or as soon as practicable.
   § 3. This act shall take effect immediately.