S06735 Summary:

Amd 195.05, Pen L
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.
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S06735 Actions:

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S06735 Memo:

Memo not available
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S06735 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    February 11, 2016
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed 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;
    25    (iii)  search  or  seize  the photograph, recording, or device used to
    26  take the photograph or make the recording without such person's  permis-
    27  sion or a warrant; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6735                             2
     1    (iv)  damage  or  destroy the photograph, recording, or device used to
     2  take the photograph or make the recording.
     3    (b)  This  subdivision shall not apply to a person if an officer is in
     4  the act of placing such person under  arrest  or  the  person  is  under
     5  arrest.
     6    (c)  If an officer violates this subdivision, such person shall have a
     7  civil cause of action against the officer and the officer's law enforce-
     8  ment agency.
     9    Obstructing governmental administration in  the  second  degree  is  a
    10  class A misdemeanor.
    11    § 2. This act shall take effect immediately.
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