A07682 Summary:

BILL NOA07682A
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSR
 
MLTSPNSR
 
Amd §3101, CPLR; amd §240.20, CP L
 
Relates to the discoverability of recordings found on police body cameras and vehicle cameras; establishes Panel of Experts on the Use and Disclosure of Recorded Video, Digital Audio, Film, and Photographs.
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A07682 Actions:

BILL NOA07682A
 
05/22/2015referred to judiciary
01/06/2016referred to judiciary
08/03/2016amend (t) and recommit to judiciary
08/03/2016print number 7682a
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A07682 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7682--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 22, 2015
                                       ___________
 
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the civil practice law and rules and the criminal proce-
          dure law, in relation to recordings found on police cameras and estab-
          lishing  the  Panel  of  Experts on the Use and Disclosure of Recorded
          Video, Digital Audio, Film and Photographs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision (i) of section 3101 of the civil practice law
     2  and rules, as added by chapter 574 of the laws of 1993,  is  amended  to
     3  read as follows:
     4    (i)  In  addition  to any other matter which may be subject to disclo-
     5  sure, there shall be full disclosure of any  films,  photographs,  video
     6  tapes  [or],  audio  tapes, or all recordings found on a police or peace
     7  officer's body camera and/or camera installed in a police or peace offi-
     8  cer's vehicle, including transcripts or memoranda thereof,  involving  a
     9  person  referred to in paragraph one of subdivision (a) of this section.
    10  There shall be disclosure of all portions of  such  material,  including
    11  out-takes,  rather  than only those portions a party intends to use. The
    12  provisions of this subdivision shall not apply to materials compiled for
    13  law enforcement purposes which are exempt from disclosure under  section
    14  eighty-seven of the public officers law.
    15    §  2. Paragraph (g) of subdivision 1 of section 240.20 of the criminal
    16  procedure law, as amended by chapter 558 of the laws  of  1982,  and  as
    17  relettered  by  chapter  795  of the laws of 1984, is amended to read as
    18  follows:
    19    (g)  Any tapes or other electronic  recordings  which  the  prosecutor
    20  intends  to  introduce  at trial, irrespective of whether such recording
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10736-02-5

        A. 7682--A                          2
 
     1  was made during the course of the criminal  transaction,  including  all
     2  recordings  found  on  a  police  or  peace officer's body camera and/or
     3  camera installed in a police or peace officer's vehicle;
     4    §  3.    a.  The attorney general shall establish a panel entitled the
     5  "Panel of Experts on the Use and Disclosure of Recorded  Video,  Digital
     6  Audio,  Film  and  Photograms".  The  panel shall consist of at least 15
     7  members selected by the attorney general and appointed from the  follow-
     8  ing fields:
     9    (1)  attorneys practicing or having practiced in the field of criminal
    10  defense;
    11    (2) former police officers;
    12    (3) former district attorneys;
    13    (4) public advocates;
    14    (5) attorneys practicing or having practiced in  the  field  of  civil
    15  rights;
    16    (6) experts in videography; and
    17    (7) experts in digital audio recording.
    18    b.  The  panel shall develop and propose statewide uniform regulations
    19  and rules regarding the use and disclosure of:
    20    (1) all content from body cameras or any recording device  worn  by  a
    21  police  officer  or  peace  officer  during  the execution of his or her
    22  duties, including, but not limited to, recordings,  films,  photographs,
    23  videotapes and/or audiotapes; and
    24    (2) all content from cameras or recording devices used at any facility
    25  by  police  officers  or  peace  officers  during the execution of their
    26  duties.
    27    c. All state, county, city and town law enforcement departments  shall
    28  adopt as their standard operating procedures the statewide uniform regu-
    29  lations and rules proposed by the panel within ninety days of the final-
    30  ization of such operating procedures.
    31    § 4. This act shall take effect immediately.
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