Requires businesses that possess surveillance footage relevant to an ongoing law enforcement investigation into a felony offense believed to have been committed on the premises of such business shall immediately release such surveillance footage to a law enforcement agency upon receipt of a formal written request by the law enforcement agency; establishes exceptions to the requirement to immediately release footage; establishes penalties.
STATE OF NEW YORK
________________________________________________________________________
9470
IN ASSEMBLY
January 6, 2026
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Codes
AN ACT to amend the general business law, in relation to the release of
certain surveillance footage to law enforcement agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 393-g to read as follows:
3 § 393-g. Release of surveillance footage. 1. Definitions. For the
4 purposes of this section, the following terms shall have the following
5 meanings:
6 a. "Surveillance footage" means video recordings obtained through
7 security cameras located in public areas or private entities that may be
8 relevant to law enforcement investigations.
9 b. "Law enforcement agency" shall have the same meaning as in subdivi-
10 sion four of section 705.00 of the criminal procedure law.
11 2. Release of surveillance footage. a. Any person, firm or corporation
12 doing business in this state that possesses surveillance footage rele-
13 vant to an ongoing law enforcement investigation into a felony offense
14 believed to have been committed on the premises of such business shall
15 immediately release such surveillance footage to a law enforcement agen-
16 cy upon receipt of a formal written request by the law enforcement agen-
17 cy. Such written request shall provide details as to the relevance of
18 the surveillance footage to the specific law enforcement investigation.
19 b. When a person, firm or corporation doing business in this state is
20 aware, or should reasonably be expected to be aware, that a felony
21 offense has been or may have been committed on the premises of such
22 business or when a written request for release of surveillance footage
23 to a law enforcement agency is submitted to a person, firm or corpo-
24 ration doing business in this state pursuant to paragraph a of this
25 subdivision, such person, firm or corporation shall take reasonable
26 measures to ensure that such surveillance footage is not recorded over,
27 deleted or otherwise destroyed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14366-01-6
A. 9470 2
1 c. No retaliatory action shall be taken by a person, firm or corpo-
2 ration doing business in this state against any employee for complying
3 with a written request by a law enforcement agency for release of
4 surveillance footage pursuant to paragraph a of this subdivision,
5 regardless of any policy of such business regarding the retention or
6 release of such surveillance footage.
7 3. Exceptions to requirement to immediately release surveillance
8 footage. A person, firm or corporation doing business in this state
9 which has received a written request by a law enforcement agency for the
10 release of surveillance footage pursuant to paragraph a of this subdivi-
11 sion may:
12 a. Upon request by such person, firm or corporation, be granted a
13 reasonable amount of time to allow counsel for such person, firm or
14 corporation to review the request for the release of surveillance
15 footage and any applicable laws relating to such request or surveillance
16 footage prior to releasing such surveillance footage; provided, however,
17 that for the purposes of this paragraph, a reasonable amount of time
18 shall not be deemed to exceed twenty-four hours; and/or
19 b. Seek a court order to delay the release of such surveillance
20 footage in cases where the release of surveillance footage might incrim-
21 inate such business or violate individual privacy rights.
22 4. Penalties. Any person, firm or corporation doing business in this
23 state that fails to comply with the requirements of this section shall
24 be subject to penalties, which may include, but need not be limited to,
25 fines of up to one hundred thousand dollars per incident and civil
26 liability for any damages caused by the failure to release the footage
27 in a timely manner.
28 5. Reports. No later than one year after the effective date of this
29 section, and annually thereafter, the secretary of state shall prepare
30 and submit a report to the governor and the legislature detailing
31 compliance with this section and challenges experienced by both law
32 enforcement agencies and persons, firms, or corporations doing business
33 in this state resulting from the requirements of this section.
34 § 2. This act shall take effect immediately.
