NY State Senate Bill 2023-S7759A

Current Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1845 committee discharged and committed to rules
May 31, 2024	print number 7759a
May 31, 2024	amend and recommit to finance
Jan 03, 2024	referred to finance
Nov 17, 2023	referred to rules

Votes

- Jun 6, 2024 - Floor Vote
  S7759A
  
  41
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (20)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 6, 2024 - Rules Committee Vote
  S7759A
  
  13
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2024
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (5)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Ortt
      
      Stec
      
      aye wr (2)
      
      Lanza
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S7759 - Details

See Assembly Version of this Bill:: A9728
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add §222-a, Exec L

2023-S7759 - Summary

Enacts the "keep police radio public act"; ensures that, except for sensitive information, all radio communications are accessible to emergency services organizations and professional journalists.

2023-S7759 - Sponsor Memo

                                 
BILL NUMBER: S7759

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "keep
police radio public act"

 
PURPOSE:

This bill ensures that duly authorized members of the press, and the
public, maintain access to law enforcement radio communications.

 
SUMMARY OF PROVISIONS:

Section one is the title.

Section two amends the executive law by adding a new section 222-a which
defines relevant terms, and states that any law enforcement agency in
the state which chooses to encrypt its radio communications must estab-
lish a written policy which allows duly authorized members of the press
and emergency services organizations real-time access to the communi-

cations, and no more than a ten-minute delay for members of the public.

Section three sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Across the nation, law enforcement agencies have slowly begun encrypting
their radio transmissions. This move not only prevents the public from
having access to important information about police activity, but
dangerously inhibits news organizations from tracking and reporting on
police actions. The public and its media sources have a right to trans-
parency of its law enforcement agencies. Though agencies may need to at
times protect sensitive information that may be conveyed over the course
of these communications, a balance can be struck. This bill responds to
the recent uptick in police radio encryptions by requiring law enforce-
ment agencies that encrypt any part of their radio communications to
establish a policy which, aside from cases containing sensitive informa-
tion, allows instant access to members of the press and emergency
services organizations, and no more than a 10-minute lag in streaming
for the public. Similar initiatives to keep police radio transmissions
public have been proposed in California and enacted in Colorado.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD.

 
LOCAL FISCAL IMPLICATIONS:

TBD.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S7759 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7759
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation  to  enacting  the  "keep
   police radio public act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and  may  be  cited  as  the  "keep
 police radio public act".
   §  2.  The  executive  law is amended by adding a new section 222-a to
 read as follows:
   § 222-A. LAW ENFORCEMENT COMMUNICATIONS PUBLIC ACCESS.    1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "DULY AUTHORIZED MEDIA REPRESENTATIVE  OR  ORGANIZATION"  MEANS  A
 DULY AUTHORIZED REPRESENTATIVE OR ORGANIZATION OF ANY PRINT, DIGITAL, OR
 BROADCAST NEWS SERVICE.
   (B)  "EMERGENCY SERVICES ORGANIZATION" MEANS A PUBLIC OR PRIVATE AGEN-
 CY, VOLUNTARY ORGANIZATION OR GROUP ORGANIZED AND  FUNCTIONING  FOR  THE
 PURPOSE  OF PROVIDING FIRE, MEDICAL, AMBULANCE, RESCUE, HOUSING, FOOD OR
 OTHER SERVICES DIRECTED TOWARD RELIEVING HUMAN SUFFERING, INJURY OR LOSS
 OF LIFE OR DAMAGE TO PROPERTY AS A RESULT  OF  AN  EMERGENCY,  INCLUDING
 NON-PROFIT  AND  GOVERNMENTALLY-SUPPORTED  ORGANIZATIONS,  BUT EXCLUDING
 GOVERNMENTAL AGENCIES.
   (C) "ENCRYPTION" MEANS THE  ENCODING  OF  VOICE  COMMUNICATION  ON  AN
 ANALOG  OR DIGITALLY MODULATED RADIO CARRIER, WHICH RENDERS THE COMMUNI-
 CATION DIFFICULT OR IMPOSSIBLE TO BE MONITORED BY COMMERCIALLY AVAILABLE
 RADIO RECEIVERS OR SCANNERS.
   (D) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY  OR  DEPARTMENT  OF  ANY
 MUNICIPALITY,  ANY  POLICE  DISTRICT, OR ANY AGENCY, DEPARTMENT, COMMIS-
 SION, AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE OF  NEW  YORK

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13622-01-3
 S. 7759                             2

 
 EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (E) "RADIO COMMUNICATIONS" MEANS VERBAL COMMUNICATIONS THAT ARE BROAD-
 CAST  OVER  A  RADIO  FREQUENCY  EITHER  FROM A DISPATCH CENTER TO FIELD
 PERSONNEL, FROM FIELD PERSONNEL TO A DISPATCH CENTER, OR  BETWEEN  FIELD
 PERSONNEL,  AND ARE ACCESSIBLE TO ALL PERSONNEL MONITORING THAT FREQUEN-
 CY. "RADIO  COMMUNICATIONS"  DOES  NOT  INCLUDE  PRIVATE  COMMUNICATIONS
 BETWEEN TWO DEVICES, SUCH AS A CELLULAR TELEPHONE, OR THE TRANSMITTAL OF
 DATA  TO  OR FROM A MOBILE DATA TERMINAL, TABLET, TEXT MESSAGING DEVICE,
 OR SIMILAR DEVICE.
   (F) "SENSITIVE INFORMATION" MEANS ANY PORTION OF A RADIO COMMUNICATION
 THAT, IF DISCLOSED, WOULD:
   I. DEPRIVE A PERSON OF A RIGHT TO A FAIR TRIAL  OR  IMPARTIAL  ADJUDI-
 CATION;
   II.  IDENTIFY  A CONFIDENTIAL SOURCE OR DISCLOSE CONFIDENTIAL INFORMA-
 TION RELATING TO A CRIMINAL INVESTIGATION; AND
   III. REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  EXCEPT
 ROUTINE TECHNIQUES AND PROCEDURES.
   2.  ANY  LAW ENFORCEMENT AGENCY IN THE STATE THAT ENCRYPTS ANY PORTION
 OF ITS RADIO COMMUNICATIONS SHALL ADOPT A WRITTEN RADIO ENCRYPTION POLI-
 CY THAT MEETS THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS  SUBDI-
 VISION:
   (A)  THE  LAW  ENFORCEMENT AGENCY SHALL ENSURE THAT ALL RADIO COMMUNI-
 CATIONS, WITH THE EXCEPTION OF SENSITIVE INFORMATION, ARE ACCESSIBLE, IN
 REAL TIME, TO DULY AUTHORIZED MEDIA REPRESENTATIVES OR ORGANIZATIONS AND
 TO EMERGENCY SERVICES ORGANIZATIONS. IN THE EVENT THAT A LAW ENFORCEMENT
 AGENCY DOES ENCRYPT RADIO COMMUNICATIONS PURSUANT TO  THIS  SUBDIVISION,
 THE DEPARTMENT OF STATE SHALL, FOR THE PURPOSE OF VERIFYING CREDENTIALS,
 ESTABLISH  AND  ADMINISTER  A  PROCESS  FOR GRANTING REAL-TIME ACCESS TO
 RADIO COMMUNICATIONS TO DULY AUTHORIZED MEDIA REPRESENTATIVES OR  ORGAN-
 IZATIONS  AND  TO  EMERGENCY SERVICES ORGANIZATIONS.  SUCH A PROCESS FOR
 GRANTING ACCESS SHALL TAKE NO MORE THAN FIVE BUSINESS DAYS TO COMPLETE.
   (B) THE LAW ENFORCEMENT AGENCY SHALL ENSURE THAT  ALL  RADIO  COMMUNI-
 CATIONS,  WITH THE EXCEPTION OF SENSITIVE INFORMATION, ARE ACCESSIBLE TO
 THE GENERAL PUBLIC UP TO, BUT NO GREATER THAN, TEN  MINUTES  AFTER  SUCH
 COMMUNICATIONS TOOK PLACE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S7759A (ACTIVE) - Details

See Assembly Version of this Bill:: A9728
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add §222-a, Exec L

2023-S7759A (ACTIVE) - Summary

Enacts the "keep police radio public act"; ensures that, except for sensitive information, all radio communications are accessible to emergency services organizations and professional journalists.

2023-S7759A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7759A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "keep
police radio public act"

 
PURPOSE:

This bill ensures that emergency services organizations and members of
the press maintain real-time access to law enforcement radio communi-
cations.

 
SUMMARY OF PROVISIONS:

Section one is the title.

Section two amends the executive law by adding a new section 222-a which
defines relevant terms, and states that any law enforcement agency in
the state that chooses to encrypt its radio communications shall ensure
that members of the press and emergency services organizations maintain

real-time access to the communications.

Section three sets the effective date.

 
JUSTIFICATION:

Across the nation, law enforcement agencies have slowly begun encrypting
their radio transmissions. This move not only prevents the public from
having access to important information about police activity, but
dangerously inhibits news organizations from tracking and reporting on
police actions. The public has a right to transparency of its law
enforcement agencies. Though agencies may need to at times protect
sensitive information that may be conveyed over the course of these
communications, a balance can be struck.

This bill responds to the recent uptick in police radio encryptions by
requiring law enforcement agencies that encrypt any part of their radio
communications to continue granting real-time access to members of the
press and emergency services organizations, with an exception made for
communications containing sensitive information. Similar initiatives to
keep police radio transmissions public have been proposed in California
and enacted in Colorado.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S7759A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7759--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 17, 2023
                                ___________
 
 Introduced  by Sens. GIANARIS, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, PARK-
   ER, SALAZAR, SEPULVEDA -- read twice and  ordered  printed,  and  when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation  to  enacting  the  "keep
   police radio public act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "keep
 police radio public act".
   §  2.  The  executive  law is amended by adding a new section 222-a to
 read as follows:
   § 222-A. LAW ENFORCEMENT COMMUNICATIONS PUBLIC ACCESS.    1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "EMERGENCY SERVICES ORGANIZATION" MEANS A PUBLIC OR PRIVATE  AGEN-
 CY,  VOLUNTARY  ORGANIZATION  OR GROUP ORGANIZED AND FUNCTIONING FOR THE
 PURPOSE OF PROVIDING FIRE, MEDICAL, AMBULANCE, RESCUE, HOUSING, FOOD  OR
 OTHER SERVICES DIRECTED TOWARD RELIEVING HUMAN SUFFERING, INJURY OR LOSS
 OF  LIFE  OR  DAMAGE  TO PROPERTY AS A RESULT OF AN EMERGENCY, INCLUDING
 NON-PROFIT AND  GOVERNMENTALLY-SUPPORTED  ORGANIZATIONS,  BUT  EXCLUDING
 GOVERNMENTAL AGENCIES.
   (B)  "ENCRYPTION"  MEANS  THE  ENCODING  OF  VOICE COMMUNICATION ON AN
 ANALOG OR DIGITALLY MODULATED RADIO CARRIER, WHICH RENDERS THE  COMMUNI-
 CATION DIFFICULT OR IMPOSSIBLE TO BE MONITORED BY COMMERCIALLY AVAILABLE
 RADIO RECEIVERS OR SCANNERS.
   (C)  "LAW  ENFORCEMENT  AGENCY"  MEANS ANY AGENCY OR DEPARTMENT OF ANY
 MUNICIPALITY, ANY POLICE DISTRICT, OR ANY  AGENCY,  DEPARTMENT,  COMMIS-
 SION,  AUTHORITY  OR PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13622-02-4

 S. 7759--A                          2
 
 EMPLOYING A POLICE OFFICER OR POLICE OFFICERS AS THAT TERM IS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (D) "RADIO COMMUNICATIONS" MEANS VERBAL COMMUNICATIONS THAT ARE BROAD-
 CAST  OVER  A  RADIO  FREQUENCY  EITHER  FROM A DISPATCH CENTER TO FIELD
 PERSONNEL, FROM FIELD PERSONNEL TO A DISPATCH CENTER, OR  BETWEEN  FIELD
 PERSONNEL,  AND ARE ACCESSIBLE TO ALL PERSONNEL MONITORING THAT FREQUEN-
 CY. "RADIO  COMMUNICATIONS"  DOES  NOT  INCLUDE  PRIVATE  COMMUNICATIONS
 BETWEEN TWO DEVICES, SUCH AS A CELLULAR TELEPHONE, OR THE TRANSMITTAL OF
 DATA  TO  OR FROM A MOBILE DATA TERMINAL, TABLET, TEXT MESSAGING DEVICE,
 OR SIMILAR DEVICE.
   (E) "SENSITIVE INFORMATION" MEANS ANY PORTION OF A RADIO COMMUNICATION
 THAT, IF DISCLOSED, WOULD:
   I. DEPRIVE A PERSON OF A RIGHT TO A FAIR TRIAL  OR  IMPARTIAL  ADJUDI-
 CATION;
   II.  IDENTIFY  A CONFIDENTIAL SOURCE OR DISCLOSE CONFIDENTIAL INFORMA-
 TION RELATING TO A CRIMINAL INVESTIGATION; AND
   III. REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  EXCEPT
 ROUTINE TECHNIQUES AND PROCEDURES.
   2.  ANY  LAW ENFORCEMENT AGENCY IN THE STATE THAT ENCRYPTS ANY PORTION
 OF ITS RADIO COMMUNICATIONS SHALL ENSURE THAT ALL RADIO  COMMUNICATIONS,
 WITH  THE  EXCEPTION  OF  SENSITIVE INFORMATION, ARE ACCESSIBLE, IN REAL
 TIME, TO EMERGENCY SERVICES ORGANIZATIONS AND  PROFESSIONAL  JOURNALISTS
 AS  DEFINED  IN  SECTION SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.  IN THE
 EVENT THAT A LAW ENFORCEMENT AGENCY DOES  ENCRYPT  RADIO  COMMUNICATIONS
 PURSUANT  TO  THIS  SUBDIVISION,  THE DEPARTMENT OF STATE SHALL, FOR THE
 PURPOSE OF VERIFYING CREDENTIALS, ESTABLISH AND ADMINISTER A PROCESS FOR
 GRANTING REAL-TIME ACCESS TO RADIO COMMUNICATIONS TO EMERGENCY  SERVICES
 ORGANIZATIONS  AND  TO  PROFESSIONAL  JOURNALISTS.    SUCH A PROCESS FOR
 GRANTING ACCESS SHALL TAKE NO MORE THAN FIVE BUSINESS DAYS TO COMPLETE.
   3. THE DEPARTMENT OF STATE SHALL  PROMULGATE  RULES,  REGULATIONS  AND
 STANDARDS DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7759A

Sponsored By

Current Bill Status - In Assembly Committee

Jun 6, 2024 - Floor Vote

Floor Vote: Jun 6, 2024

Jun 6, 2024 - Rules Committee Vote

Rules Committee Vote: Jun 6, 2024

Bill Amendments

co-Sponsors

2023-S7759 - Details

2023-S7759 - Summary

2023-S7759 - Sponsor Memo

2023-S7759 - Bill Text download pdf

co-Sponsors

2023-S7759A (ACTIVE) - Details

2023-S7759A (ACTIVE) - Summary

2023-S7759A (ACTIVE) - Sponsor Memo

2023-S7759A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7759A

Share this bill

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S7759 - Details

2023-S7759 - Summary

2023-S7759 - Sponsor Memo

2023-S7759 - Bill Text download pdf

co-Sponsors

2023-S7759A (ACTIVE) - Details

2023-S7759A (ACTIVE) - Summary

2023-S7759A (ACTIVE) - Sponsor Memo

2023-S7759A (ACTIVE) - Bill Text download pdf

Comments