Senate Bill S2305

2023-2024 Legislative Session

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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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2023-S2305 (ACTIVE) - Details

See Assembly Version of this Bill:
A6464
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR; amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7682
2017-2018: A2825
2019-2020: S3139, A1341
2021-2022: S727, A1934

2023-S2305 (ACTIVE) - Summary

Relates to the discoverability of recordings found on police body worn cameras and vehicle cameras.

2023-S2305 (ACTIVE) - Sponsor Memo

2023-S2305 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2305
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  COMRIE,  HOYLMAN-SIGAL  -- read twice and
   ordered printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04103-01-3
              

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