NY State Senate Bill 2025-S3926

Senate Bill S3926

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to judiciary

co-Sponsors

2025-S3926 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3101, CPLR; amd §245.20, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3139
2021-2022: S727
2023-2024: S2305

2025-S3926 (ACTIVE) - Summary

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

2025-S3926 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3926

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil practice law and rules and the criminal proce-
dure law, in relation to recordings found on police cameras

 
PURPOSE:

The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officers body
camera as well as any camera installed in a police or peace officer's
vehicle.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (i) of section 3101 of the civil practice
law and rules as added by chapter 574 of the laws of 1993 which requires
all recordings found on a police or peace officer's body and/or camera
installed in a police or peace officer's vehicle, be subject to full
disclosure.

Section 2 amends 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 2020, which requires all recordings made or received in
connection with a police or peace officer's body and/or camera installed
in a police or peace officers vehicle, be subject to full disclosure.

Section 3 provides the effective date.

 
JUSTIFICATION:

Given recent events, police body cameras and police vehicle-mounted
cameras have become integral pieces of evidence in certain criminal and
civil proceedings and investigations. This bill requires the full
disclosure of all recordings found on a police or peace officer's body
camera and/or camera installed in a police or peace officer's vehicle
and for its presentation as evidence in any matter subject to disclo-
sure. Preservation of this recording evidence is imperative to a fair
judicial process and will ensure that parties in a related criminal or
civil proceeding or investigation, including, but not limited to, grand
juries, prosecutors, and defendants have this crucial information.
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle, will
provide for greater accountability and transparency in the legal proc-
ess. The establishment of statewide uniform regulations and rules will
provide the public with confidence that the materials recorded by police
and peace officers will be appropriately preserved and available for use
in the judicial process.

 
LEGISLATIVE HISTORY:

S2305 of 2023-24: Committed to Rules.

S727B of 2021-22: Committed to Rules.

S3139 of 2019-20: Referred to Judiciary.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3926 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3926
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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.
                                                            LBD05400-01-5

 S. 3926                             2
 
 of the recordings under this paragraph the prosecution intends to intro-
 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.

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Senate Bill S3926

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Sponsored By

Zellnor Myrie