Relates to permitting the photographing or recording of a law enforcement officer as long as such person isn't under arrest; outlines unlawful retaliatory measures by law enforcement for such photography or recording.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3806
SPONSOR: Taylor TITLE OF BILL:
An act to amend the penal law, in relation to photographing or recording
a law enforcement officer
PURPOSE:
To establish that a person is permitted to exercise their right to
photograph or record a law enforcement officer.
SUMMARY OF PROVISIONS:
Section 1 amends section 195.05 of the penal law, as amended by chap-
ter 269 of the laws of 1998, by providing that a person is permitted to
exercise their right to photograph or record a law enforcement officer
performing their duties while the officer is in a public place or public
view, or the person is in a private place they have a right to be. The
officer shall not intentionally interfere with the photograph or record-
ing; detain, arrest, threaten, intimidate or otherwise harass such
person; search or size the device without permission or a warrant; or
damage or destroy the device.
This shall not apply if the officer is in the act of placing such person
under arrest or the person is under arrest. If an officer violates this
provision, such person shall have a civil cause of action against the
officer and the officer's law enforcement agency.
Section 2 of the bill provides this act shall take effect immediately.
EXISTING LAW:
A person is guilty of obstructing governmental administration in the
second degree when he obstructs the administration of law. There are
currently no provisions clarifying that photographing and recording law
enforcement officers are permitted by law.
JUSTIFICATION:
With nationwide calls for more transparency and accountability among law
enforcement, including pushes for police body cameras, clarifying that
persons may photograph and record the police - and providing for a civil
cause of action to recover damages caused by interference with such
actions - will help bolster the public's trust in our law enforcement
system.
LEGISLATIVE HISTORY:
2016: S.6735 REFERRED TO CODES
2018: S.4695 REFERRED TO CODES
2017: S.4695 REFERRED TO CODES
2019: S.3039 REFERRED TO CODES
2020: S.3039 REFERRED TO CODES
FISCAL IMPLICATIONS:
None
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3806
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to photographing or recording
a law enforcement officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 195.05 of the penal law, as amended by chapter 269
2 of the laws of 1998, is amended to read as follows:
3 § 195.05 Obstructing governmental administration in the second degree.
4 1. A person is guilty of obstructing governmental administration in
5 the second degree when he intentionally obstructs, impairs or perverts
6 the administration of law or other governmental function or prevents or
7 attempts to prevent a public servant from performing an official func-
8 tion, by means of intimidation, physical force or interference, or by
9 means of any independently unlawful act, or by means of interfering,
10 whether or not physical force is involved, with radio, telephone, tele-
11 vision or other telecommunications systems owned or operated by the
12 state, or a county, city, town, village, fire district or emergency
13 medical service or by means of releasing a dangerous animal under
14 circumstances evincing the actor's intent that the animal obstruct
15 governmental administration.
16 2. A person is permitted to exercise their right to photograph or
17 record a law enforcement officer performing their duties while the offi-
18 cer is in a public place or public view, or the person is in a private
19 place the person has the right to be.
20 (a) If such photography or recording occurs, an officer shall not:
21 (i) intentionally hinder, prevent, or obstruct the person from taking
22 a photograph or making a recording;
23 (ii) detain, arrest, threaten, intimidate, or otherwise harass such
24 person;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07861-01-3
A. 3806 2
1 (iii) search or seize the photograph, recording, or device used to
2 take the photograph or make the recording without such person's permis-
3 sion or a warrant; or
4 (iv) damage or destroy the photograph, recording, or device used to
5 take the photograph or make the recording.
6 (b) This subdivision shall not apply to a person if an officer is in
7 the act of placing such person under arrest or the person is under
8 arrest.
9 (c) If an officer violates this subdivision, such person shall have a
10 civil cause of action against the officer and the officer's law enforce-
11 ment agency.
12 Obstructing governmental administration in the second degree is a
13 class A misdemeanor.
14 § 2. This act shall take effect immediately.
