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.
STATE OF NEW YORK
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4154
2023-2024 Regular Sessions
IN SENATE
February 3, 2023
___________
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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07861-01-3
S. 4154 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.