|SAME AS||SAME AS S02876|
|Add §79-o, Civ Rts L|
|Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities, however, a person in custody or under arrest does not, by that status alone, forfeit such right to record.|
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STATE OF NEW YORK ________________________________________________________________________ 2448 2017-2018 Regular Sessions IN ASSEMBLY January 20, 2017 ___________ Introduced by M. of A. PERRY, SEPULVEDA -- read once and referred to the Committee on Codes AN ACT to amend the civil rights law, in relation to recording certain law enforcement activities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New 2 Yorker's right to monitor act". 3 § 2. The civil rights law is amended by adding a new section 79-o to 4 read as follows: 5 § 79-o. Recording certain activities. 1. Definitions. For purposes of 6 this section, the following terms shall have the following meanings: 7 (a) "Officer" means any peace officer, police officer, security offi- 8 cer, security guard or similar official who is engaged in a law enforce- 9 ment activity; 10 (b) "Law enforcement activity" means any activity by an officer acting 11 under the color of law; and 12 (c) "Record" means to capture or attempt to capture any moving or 13 still image, sound, or impression through the use of any recording 14 device, camera, or any other device capable of capturing audio, moving 15 or still images, or by way of written notes or observations. 16 2. Right to record law enforcement related activities. A person not 17 under arrest or in the custody of a law enforcement official has the 18 right to record law enforcement activity and to maintain custody and 19 control of that recording and of any property or instruments used by 20 that person to record law enforcement activities, provided, however, 21 that a person in custody or under arrest does not, by that status alone, 22 forfeit the right to have any such recordings, property and equipment 23 maintained and returned to him or her. Nothing in this subdivision shall 24 be construed to permit a person to engage in actions that physically 25 interfere with law enforcement activity or otherwise constitute a crime 26 defined in the penal law involving obstructing governmental adminis- 27 tration. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07524-01-7A. 2448 2 1 3. Private right of action. (a) A claim of unlawful interference with 2 recording a law enforcement activity is established under this section 3 when a person demonstrates that he or she exercised or attempted to 4 exercise the right established in subdivision two of this section to 5 record a law enforcement activity and an officer acted to interfere with 6 that person's recording of a law enforcement activity, including but not 7 limited to, by: 8 (i) intentionally preventing or attempting to prevent that person from 9 recording law enforcement activity; 10 (ii) threatening that person for recording a law enforcement activity; 11 (iii) commanding that the person cease recording law enforcement 12 activity when the person was nevertheless authorized under law to 13 record; 14 (iv) stopping, seizing, searching, ticketing or arresting that person 15 because that person recorded a law enforcement activity; or 16 (v) unlawfully seizing property or instruments used by that person to 17 record a law enforcement activity, unlawfully destroying, or seizing a 18 recorded image or recorded images of a law enforcement activity, or 19 copying such a recording of a law enforcement activity without consent 20 of the person who recorded it or approval from an appropriate court. 21 (b) It shall be an affirmative defense to a civil action under subpar- 22 agraphs (i), (iii) and (iv) of paragraph (a) of this subdivision that at 23 the time of such conduct by an officer, such officer had probable cause 24 to arrest the person recording such a law enforcement activity for a 25 crime defined in the penal law involving obstructing governmental admin- 26 istration. 27 (c) A person subject to unlawful interference with recording law 28 enforcement activities as described in paragraph (a) of this subdivision 29 may bring an action for any violation of this section in any court of 30 competent jurisdiction for damages, including punitive damages, for 31 declaratory and injunctive relief, and such other remedies as the court 32 may deem appropriate. 33 (d) In any action or proceeding brought pursuant to this section, the 34 court may allow a prevailing plaintiff reasonable attorney's fees and 35 expert fees as a part of the costs which may be recovered. 36 (e) Any action or proceeding brought pursuant to this section shall be 37 commenced no later than three years after the date on which the 38 violation of this section is committed. 39 4. Preservation of rights. This section shall be in addition to all 40 rights, procedures, and remedies available under the United States 41 Constitution, 42 USC 1983, the constitution of the state of New York and 42 all other federal law, state law, law of the city of New York or the 43 administrative code of the city of New York, and all other civil reme- 44 dies, including monetary damages, created by statute, ordinance, regu- 45 lation or common law. 46 § 3. Severability. If any provision of this bill or any other 47 provision of this local law, or any amendments thereto, shall be held 48 invalid or ineffective in whole or in part or inapplicable to any person 49 or situation, such holding shall not affect, impair or invalidate any 50 portion of or the remainder of this act, and all other provisions there- 51 of shall nevertheless be separately and fully effective and the applica- 52 tion of any such provision to other persons or situations shall not be 53 affected. 54 § 4. This act shall take effect on the thirtieth day after it shall 55 have become a law.