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A09470 Summary:

BILL NOA09470B
 
SAME ASSAME AS S09201
 
SPONSORO'Pharrow
 
COSPNSRTapia, Lucas, Berger, Burroughs, Hooks, Durso, Hyndman, Norber, Solages
 
MLTSPNSR
 
Add §393-g, Gen Bus L
 
Enacts the "Edeedson 'Joshy' Cine, Jr. Transparency Act"; requires businesses that possess surveillance footage relevant to an ongoing New York state 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 New York state law enforcement agency upon receipt of a formal written request by such law enforcement agency; establishes exceptions to the requirement to immediately release footage; establishes penalties.
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A09470 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9470--B
 
                   IN ASSEMBLY
 
                                     January 6, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  O'PHARROW,  TAPIA, LUCAS, BERGER, BURROUGHS,
          HOOKS, DURSO, HYNDMAN, NORBER, SOLAGES -- read once  and  referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the general business law, in relation  to  enacting  the
          "Edeedson 'Joshy' Cine, Jr. Transparency Act" requiring 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. Short title.  This act shall be known and may be  cited  as
     2  the "Edeedson 'Joshy' Cine, Jr. Transparency Act".
     3    § 2. The general business law is amended by adding a new section 393-g
     4  to read as follows:
     5    §  393-g.  Release  of  surveillance  footage. 1. Definitions. For the
     6  purposes of this section, the following terms shall have  the  following
     7  meanings:
     8    a.  "Surveillance  footage"  means  video  recordings obtained through
     9  security cameras located in public areas or private entities that may be
    10  relevant to New York state law enforcement investigations.
    11    b. "New York state law enforcement agency" shall have the same meaning
    12  as in subdivision four of section 705.00 of the criminal procedure law.
    13    2. Release of surveillance footage. a. Any person, firm or corporation
    14  doing business in this state that possesses surveillance  footage  rele-
    15  vant  to  an ongoing New York state law enforcement investigation into a
    16  felony offense believed to have been committed on the premises  of  such
    17  business  shall  immediately  release such surveillance footage to a law
    18  enforcement agency upon receipt of a formal written request by  the  New
    19  York  state  law enforcement agency.  Such written request shall provide
    20  details as to the relevance of the surveillance footage to the  specific
    21  New York state law enforcement investigation.
    22    b.  When a person, firm or corporation doing business in this state is
    23  aware, or should reasonably be expected  to  be  aware,  that  a  felony
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14366-06-6

        A. 9470--B                          2
 
     1  offense  has  been  or  may  have been committed on the premises of such
     2  business or when a written request for release of  surveillance  footage
     3  to  a  New  York  state law enforcement agency is submitted to a person,
     4  firm or corporation doing business in this state pursuant to paragraph a
     5  of this subdivision, such person, firm or corporation shall take reason-
     6  able  measures  to ensure that such surveillance footage is not recorded
     7  over, deleted or otherwise destroyed.
     8    c. No retaliatory action shall be taken by a person,  firm  or  corpo-
     9  ration  doing  business in this state against any employee for complying
    10  with a written request by a New York state law  enforcement  agency  for
    11  release of surveillance footage pursuant to paragraph a of this subdivi-
    12  sion,  regardless of any policy of such business regarding the retention
    13  or release of such surveillance footage.
    14    3. Exceptions  to  requirement  to  immediately  release  surveillance
    15  footage.  A  person,  firm  or  corporation doing business in this state
    16  which has received a written request by a New York state law enforcement
    17  agency for the release of surveillance footage pursuant to  paragraph  a
    18  of this subdivision may:
    19    a.  Upon  request  by  such  person, firm or corporation, be granted a
    20  reasonable amount of time to allow counsel  for  such  person,  firm  or
    21  corporation  to  review  the  request  for  the  release of surveillance
    22  footage and any applicable laws relating to such request or surveillance
    23  footage prior to releasing such surveillance footage; provided, however,
    24  that for the purposes of this paragraph, a  reasonable  amount  of  time
    25  shall not be deemed to exceed twenty-four hours; and/or
    26    b.  Seek  a  court  order  to  delay  the release of such surveillance
    27  footage in cases where the release of surveillance footage might incrim-
    28  inate such business or violate individual privacy rights.
    29    4. Penalties. Any person, firm or corporation doing business  in  this
    30  state  that  fails to comply with the requirements of this section shall
    31  be subject to penalties, which may include, but need not be limited  to,
    32  fines  of  up  to  one  hundred  thousand dollars per incident and civil
    33  liability for any damages caused by the failure to release  the  footage
    34  in a timely manner.
    35    5.  Reports.  No  later than one year after the effective date of this
    36  section, and annually thereafter, the secretary of state  shall  prepare
    37  and  submit  a  report  to  the  governor  and the legislature detailing
    38  compliance with this section and challenges experienced by both New York
    39  state law enforcement agencies and persons, firms, or corporations doing
    40  business in this state resulting from the requirements of this section.
    41    § 3. This act shall take effect immediately.
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