Requires the commissioner of police of a city having a population of one million or more persons to institute a demonstration program requiring the use of video recording devices which shall be worn as part of the required uniform of law enforcement personnel.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1648
SPONSOR: Wright TITLE OF BILL: An act to require the commissioner of police of a city
having a population of one million or more persons to institute a demon-
stration program requiring the use of video recording devices which
shall be worn as part of the required uniform of law enforcement person-
nel; and providing for the repeal of such provisions upon expiration
thereof
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require certain municipal police personnel to wear video recording
devices.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would direct the commissioner of police in any city with a
population of one million or more to adopt rules and procedures requir-
ing law enforcement personnel to wear and operate video recording
devices as part of their uniform for the duration of a four-year pilot
program.
Section 2 would establish a participation schedule that would phase in
25% of the city's precincts by October 1, 2015; 50% of the city's
precincts by October 1, 2016; and all precincts by October 1, 2017. It
would also direct the commissioner to work in consultation with any
agency or municipal or state department of competent jurisdiction and at
least three, but no more than five, not-for-profit organizations whose
mission includes the protection of civil rights and criminal justice
reform to develop a selection process for precinct participation and to
establish procedural operations relating to the devices.
Section 3 would direct the commissioner of police to provide to the
mayor, the local governing body, the office of the public advocate and
members of the State Legislature a report containing the precincts
selected for each phase in. The bill would direct that this report
include historical arrest and demographic data of the represented commu-
nities, the law enforcement personnel and statistical summaries of any
civilian complaint filed against each precinct for the preceding 24
month period.
Section 4 would require that the video recording devices be randomly
assigned to law enforcement personnel at the start of each shift,
provided that at least 20% of the officers on duty for such shift shall
be required to wear the devices. The bill would direct that the officers
maintain operation of the devices during any interaction with a civilian
while on duty. The commissioner would be directed to prescribe any rules
necessary to ensure functional operation of the devices, including
routine testing, as well as to prescribe remedies and appropriate sanc-
tions for any attempts by an officer to tamper with the operation of the
devices.
Section 5 would require the commissioner to prepare and issue an annual
report to the mayor, the local governing body, the office of the public
advocate, members of the state legislature and the governor during each
year of the demonstration project. The bill would require the report to
include detailed summaries of: precinct participation; any incidence of
civilian complaints filed and the resolution; any disciplinary actions
that were taken in circumstances where material captured on the devices
was used in an investigation; and, the impact of the demonstration
program on civil litigation alleging police misconduct.
JUSTIFICATION: According to the comptroller of the City of New York,
the New York City Police Department has one of the highest payouts of
settlements and judgments of all city agencies. In 2013, the Department
had more than $137 million in settlements and litigation costs. In addi-
tion to the hundreds of millions of dollars the department spends each
year, the number of civil rights violations that have been filed against
its personnel reached an all-time high of 9,750 complaints in 2012.
Our society continues to be plagued by the erosion of civilian trust in
law enforcement personnel. Many of the men and women who choose to
become public servants in the NYPD do so with valor and high regard for
the communities in which they police. It is unfortunate, however, that a
small percentage of officers exacerbate historic tensions when they
diverge from the principles of courtesy, professionalism and respect.
The use of cameras will serve to vindicate the rights of those who are
wrongfully accused, whether they are civilian or police.
The use of recording devices would have a number of significant benefits
for the residents of New York City and for the NYPD, as well. It would
provide clear and evident proof of what transpired between an officer
and a civilian, a tool which could drastically reduce the number of
allegations that are pursued to the settlement table. More importantly,
this tool will enhance the Department's efforts to build relationships
with communities and residents. The pilot program proposed under this
bill would remain in effect for four years, after which time, the State
and local legislatures would have an opportunity to examine the findings
and determine if this is the best solution to reduce litigation costs
and improve community relations.
PRIOR LEGISLATIVE HISTORY: 2013-2014: A10184
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK
________________________________________________________________________
1648
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Codes
AN ACT to require the commissioner of police of a city having a popu-
lation of one million or more persons to institute a demonstration
program requiring the use of video recording devices which shall be
worn as part of the required uniform of law enforcement personnel; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. In a city having a population of one million or more
2 persons, the commissioner of police shall institute a demonstration
3 program and formulate and adopt rules and procedures requiring the use
4 of video recording devices which shall be worn as part of the required
5 uniform of law enforcement personnel. Such use shall be required for the
6 duration of a four year demonstration program which shall be implemented
7 citywide. The commissioner of police shall consult with a panel as
8 described herein to develop a process and schedule for precincts to be
9 selected for participation and to establish the required capabilities of
10 the recording devices. Such panel shall be limited to any agency or
11 municipal or state department of competent jurisdiction and no less than
12 three but no more than five not-for-profit organizations whose mission
13 includes the protection of civil rights and criminal justice reform.
14 § 2. During the first phase of the demonstration program, commencing
15 on October 1, 2016, at least twenty-five percent of all law enforcement
16 precincts in each such city shall be required to participate in the
17 demonstration program, provided, however, that the first phase shall
18 include those precincts with arrest rates higher than the countywide
19 average for the county in which they are located. By October 1, 2017,
20 fifty percent of all law enforcement precincts in each such city shall
21 be required to participate in the demonstration program and by October
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04743-01-5
A. 1648 2
1 1, 2018, all law enforcement precincts in each such city shall be
2 required to participate in the demonstration program.
3 § 3. No later than August first of each year during the demonstration
4 program, the commissioner of police shall provide to the mayor, the
5 local governing body, the office of the public advocate and the members
6 of the state legislature a summary of the precincts that have been
7 selected to participate in each phase. Such summary shall include
8 historical data for each precinct, including arrest and demographic data
9 for the covered communities, demographic data for the police depart-
10 ment's personnel, statistical summaries of any and all civilian
11 complaints filed against each precinct and/or its police officers and
12 data detailing any civil legal costs attributed to each precinct during
13 the preceding 24 month period.
14 § 4. The video recording devices required by this act shall be random-
15 ly assigned to the police officers at participating precincts at the
16 start of each shift. At least twenty percent of police officers on duty
17 for each shift shall be required to wear the devices. The police offi-
18 cers to whom the devices are assigned shall be required to turn on and
19 maintain operation of the device during any interaction with a civilian
20 while on duty. The commissioner of police shall establish any rules
21 necessary to effectuate the provisions of this section provided however
22 that such rules must provide for the routine testing of the video
23 recording devices to ensure functional operation, remedies and appropri-
24 ate sanctions for any attempts by a police officer to tamper with the
25 operation of the devices.
26 § 5. On or before January thirty-first of each year of the demon-
27 stration program, the commissioner of police shall prepare and issue to
28 the office of the mayor, the local governing body, the office of the
29 public advocate, the state legislature and the governor, an annual
30 report on the status of the demonstration program. Such report shall
31 include, but shall not be limited to: the number and demographic data of
32 all precincts participating in the program; the number of civilian
33 complaints filed against the police officers of such precincts, the
34 nature of such complaints and the resolution; and, to the extent allow-
35 able by law, a summary of the nature of any disciplinary actions taken
36 against police officers in circumstances where material captured on a
37 digital recording device was used in the investigation of a complaint
38 and data detailing any civil legal costs attributed to each precinct.
39 § 6. This act shall take effect immediately and shall expire and be
40 deemed repealed December 31, 2020.
