Relates to the filming or recording of arrests and law enforcement activity; provides that individuals may film or record an arrest or other law enforcement activity; prohibits police officers from blocking or obstructing cameras or recording devices during an arrest; provides that individuals otherwise reasonably and lawfully recording or filming the arrest may not be subject to harassment or arrest; also provides that officers may not search or seize a camera or recording device without a warrant or intimidate individuals from recording or filming arrests.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4936
SPONSOR: Perry TITLE OF BILL: An act to amend the criminal procedure law, in
relation to enacting the "New Yorker's right to monitor act" permitting
the filming or recording of police in the act of an arrest or law
enforcement activity
PURPOSE: The purpose of this legislation is to establish the "New
Yorker's Right to Monitor Act" which enforces the rights of individuals
to film or record a police officer(s) in the act of making an arrest or
other law enforcement activity, and ensures that such police officer(s)
shall not intentionally block or obstruct recording devices being
purposefully used for monitoring such arrests or other law activity.
SUMMARY OF SPECIFIC PROVISIONS: The criminal procedure law is amended
by adding a new section, 120.85, entitled "Warrant of arrest, filming of
arrest" which allows for individuals in New York State with respect to
both public and private property to:
(1) film or record police officers in the act of making an arrest or
other law enforcement activity;
(2) not be subject to harassment or arrest for filming or recording an
arrest or other law enforcement activity, provided that they do so with-
out intentionally obstructing governmental administration; and
(3) not be charged with penal code 240.20 disorderly conduct or
obstruction of governmental administration for recording or filming an
arrest or other law enforcement activity in a manner that is reasonable
and otherwise lawful.
Section 120.85 of the criminal procedure law further provides that:
(4) a police officer may not search or seize a camera or recording
device without a warrant, unless used in the commission of a crime;
(5) a police officer shall not threaten, intimidate, or otherwise
discourage an individual(s) from recording or filming an arrest or other
law enforcement activity, and that such individuals should be provided
notice and opportunity to object before they are irrevocably deprived of
their recordings;
(6) a police officer shall not damage or erase the contents of a camera
or recording device, and the destruction of such by a police officer
shall constitute tampering with physical evidence; and
(7) the Attorney General shall establish clear written guidelines under
which circumstances a police officer may seize a recording device, and
the manner in which the recording device shall be maintained after its
seizure.
JUSTIFICATION: The advancements in audio and video technology have
become readily available to the general population. This phenomenon has
most New Yorkers to become an integral part in monitoring law enforce-
ment activity. The first amendment of the New York State Constitution
protects the ability of individuals to photograph, record and videotape
law enforcement officers during their official duties.
The rights of uninvolved onlookers to record law enforcement activity
provide critical checks and balances on the tremendous power of the
police. Video and/or audio taping creates an independent record of what
took place in a particular incident, free from accusations of bias,
untruths, or faulty recollection. It is not coincidental that most high-
profile cases of police misconduct have involved video and audio
recordings.
Consequently, there is a widespread, continuing pattern of law enforce-
ment officers ordering onlookers to cease video or audio recording of
their official behavior and actions while in the line of duty. More
importantly, those who do not comply with police officers' requests to
cease video or audio recording, which is their constitutional right, are
harassed, detained and even arrested by the police.
This bill, The "New Yorker's Right to Monitor Act" is necessary to
ensure that New Yorkers are allowed to exercise their constitutional
right and shall not be intimidated by law enforcement or unfairly
arrested by law enforcement. This bill seeks to strike a delicate
balance in acknowledging the difficult responsibility of law enforcement
officers in carrying out their duties to ensure public while ensuring
the protection of New York State resident's constitutional rights.
PRIOR LEGISLATIVE HISTORY: A10185 (2013-14)
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred twenti-
eth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4936
2015-2016 Regular Sessions
IN ASSEMBLY
February 9, 2015
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to enacting the
"New Yorker's right to monitor act" permitting the filming or record-
ing of police in the act of an arrest or law enforcement activity
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 criminal procedure law is amended by adding a new section
4 120.85 to read as follows:
5 § 120.85 Warrant of arrest; filming an arrest or other law enforcement
6 activity.
7 1. An individual may film or record a police officer or police offi-
8 cers in the act of making an arrest or other law enforcement activity.
9 Such officer or officers may not intentionally act in a manner solely
10 for the purpose of blocking or obstructing cameras or other photo, audio
11 or video recording devices being used in monitoring the arrest or other
12 law enforcement activity.
13 2. An individual in New York may not be subject to harassment or
14 arrest for filming or recording an arrest, provided that such individual
15 who films or records the arrest does so without intentionally interfer-
16 ing with police duties, or purposefully harassing members of the police
17 or others. Such individual who films or records an arrest or other law
18 enforcement activity may not engage in actions that jeopardize the safe-
19 ty of an officer, a suspect, or others in the vicinity. An individual,
20 while engaged in the act of recording or filming an arrest or other law
21 enforcement activity, may not substantively violate the law or incite
22 others to violate the law.
23 3. A police officer or police officers may not arrest, stop or detain
24 an onlooker of an arrest, police stop, or detainment for probable cause
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03764-01-5
A. 4936 2
1 based on the onlooker's speech alone, even though crude and vulgar;
2 requesting and making notes of police shield numbers or names of offi-
3 cers; or remaining in the vicinity of the arrest or other law enforce-
4 ment activity. An individual who records or films an arrest or other
5 law enforcement activity in a manner that is reasonable and otherwise
6 lawful under the circumstances shall not be charged with disorderly
7 conduct pursuant to section 240.20 of the penal law or obstruction of
8 governmental administration in the second degree pursuant to section
9 195.05 of the penal law.
10 4. A police officer or police officers may not search or seize a
11 camera, filming, photo, video or recording device without a warrant,
12 unless used in the commission of a crime. A police officer or police
13 officers shall not threaten, intimidate, or otherwise discourage an
14 individual from recording or filming law enforcement activities. An
15 individual should be given notice and opportunity to object before they
16 are irrevocably deprived of their recordings.
17 5. A law enforcement officer shall not damage or erase the contents of
18 a camera, cell phone or other video or audio recording device confis-
19 cated or seized during an arrest or other law enforcement activity. The
20 destruction of the contents of a camera or recording device by a law
21 enforcement officer in accordance with the provisions of this subdivi-
22 sion shall constitute tampering with physical evidence, as defined in
23 subdivision two of section 215.40 of the penal law.
24 6. The attorney general shall establish guidelines clearly stating
25 circumstances under which a police officer may seize a cell phone or
26 other video or audio recording device, even temporarily, and how the
27 recordings on the device shall be preserved and maintained after
28 seizure. The attorney general shall also establish officer education
29 regarding the filming or recording of arrests. He or she shall also
30 provide appropriate sanctions should officers not comply with the terms
31 of this section. These guidelines shall be adopted and implemented by
32 all police departments in the state.
33 7. This section shall apply to both public and private property.
34 8. Any violation of the provisions of this section shall be a misde-
35 meanor.
36 § 3. This act shall take effect on the one hundred twentieth day after
37 it shall have become a law.
