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S03653 Summary:

BILL NOS03653
 
SAME ASSAME AS A04028
 
SPONSORBAILEY
 
COSPNSRBASKIN, JACKSON
 
MLTSPNSR
 
Add §22-b, Cor L
 
Requires the disclosure of video footage related to the death of an incarcerated individual involving a correctional officer to the attorney general's office of special investigation.
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S03653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3653
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2025
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction
 
        AN ACT to amend the correction law, in relation to requiring the disclo-
          sure of video footage related to the death of an incarcerated individ-
          ual involving a correctional officer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  transparency and accountability in correctional facilities are essential
     3  to maintaining public trust. This act seeks  to  promote  accountability
     4  and deter misconduct by requiring the timely disclosure of video footage
     5  related  to the death of incarcerated individuals involving correctional
     6  officers to the attorney general's office of special investigations.
     7    § 2. The correction law is amended by adding a  new  section  22-b  to
     8  read as follows:
     9    §  22-b. Disclosure of video footage related to the death of incarcer-
    10  ated individuals involving correctional officers. 1.    Definitions.  As
    11  used in this section, the following terms shall have the following mean-
    12  ings:
    13    (a)  "Correctional  facility"  shall mean any facility operated by the
    14  department, a local correctional  facility  as  defined  in  subdivision
    15  sixteen  of  section  two  of this chapter, including but not limited to
    16  Rikers Island.
    17    (b) "Video footage" shall include, but not be limited  to,  recordings
    18  from  fixed  cameras,  body-worn cameras, handheld devices, or any other
    19  recording equipment maintained or  used  by  correctional  staff  within
    20  correctional facilities.
    21    2. Duty to disclose. The department and any local correctional facili-
    22  ty  shall  disclose to the attorney general's office of special investi-
    23  gation any video footage that such office deems to  be  related  to  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04536-02-5

        S. 3653                             2
 
     1  death  of  an  incarcerated  individual.  This shall include any case in
     2  which the attorney general's office of special investigation  determines
     3  the death involves a correctional officer.
     4    3.  Timeframe  for  disclosure.  Such video footage shall be disclosed
     5  within seventy-two hours of the occurrence of the death.
     6    4. Redactions and exceptions. (a) No redactions shall be made  to  the
     7  video footage before it is disclosed to the attorney general's office of
     8  special investigation. The attorney general's office of special investi-
     9  gation  shall maintain the confidentiality of all video footage and will
    10  determine redactions pursuant to its published video release policy.
    11    (b) Disclosure may be delayed only if the attorney general's office of
    12  special investigation certifies that such disclosure would compromise an
    13  ongoing criminal investigation or  prosecution.  Such  delay  shall  not
    14  exceed ninety days without additional certification.
    15    § 3. This act shall take effect immediately.
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