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S06058 Summary:

BILL NOS06058
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSRHOYLMAN-SIGAL, SEPULVEDA
 
MLTSPNSR
 
Add §3-0323, En Con L; add §13.33, Pks & Rec L
 
Relates to the use of body-worn cameras by police officers; requires the department of environmental conservation and the office of parks, recreation and historic preservation establish a program to provide and require officers to wear body-worn cameras while on patrol.
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S06058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6058
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      March 5, 2025
                                       ___________
 
        Introduced  by  Sens. PARKER, HOYLMAN-SIGAL, SEPULVEDA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental Conservation
 
        AN ACT to amend the environmental conservation law and the parks, recre-
          ation  and  historic preservation law, in relation to the use of body-
          worn cameras by police officers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 3-0323 to read as follows:
     3  § 3-0323. Police officer body-worn cameras program.
     4    1. There is hereby created within  the  department  a  police  officer
     5  body-worn  cameras  program.   The purpose of the program is to increase
     6  accountability and evidence for police officers of  the  department  and
     7  the  residents of the state by providing body-worn cameras to all police
     8  officers while on patrol.
     9    2. The department shall provide body-worn cameras, to be worn by offi-
    10  cers at all times, while on patrol. Such cameras shall record:
    11    (a) immediately before an officer exits a vehicle to interact  with  a
    12  person  or situation, even if there is a dash camera inside such vehicle
    13  which might also be recording the interaction;
    14    (b) all uses of force, including any physical aggression and use of  a
    15  non-lethal or lethal weapon;
    16    (c) all arrests and summonses;
    17    (d) all interactions with people suspected of criminal activity;
    18    (e) all searches of persons and property;
    19    (f) any call to a crime in progress;
    20    (g) investigative actions where there are interactions with members of
    21  the public;
    22    (h) any interaction with an emotionally disturbed person; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10632-01-5

        S. 6058                             2
 
     1    (i)  any instances where officers feel any imminent danger or the need
     2  to document their time on duty.
     3    3.  The  attorney  general  may  investigate  any  instance where body
     4  cameras fail to record an event pursuant to this section.
     5    4. At the discretion of the officer, body-worn cameras may not record:
     6    (a) sensitive encounters, including but not limited to speaking with a
     7  confidential informant, or conducting a strip search; or
     8    (b) when a member of the public asks such  officer  to  turn  off  the
     9  camera;  provided,  however, such officer may continue recording if such
    10  officer thinks a record of that interaction should be generated.
    11    5. The department shall preserve recordings of such body-worn  cameras
    12  and perform all upkeep on equipment used in such body-worn cameras. Such
    13  duties shall include:
    14    (a)  creating a secure record of all instances where there is recorded
    15  video or audio footage;
    16    (b) ensuring  officers  have  sufficient  storage  capacity  on  their
    17  cameras  to  allow  for  the  recording of interactions required by this
    18  section; and
    19    (c) ensuring officers have access to body-worn cameras for the record-
    20  ing of instances required by this section.
    21    § 2. The parks, recreation and historic preservation law is amended by
    22  adding a new section 13.33 to read as follows:
    23    § 13.33 Regional state park police  body-worn  cameras  program.    1.
    24  There  is  hereby created within the office a regional state park police
    25  body-worn cameras program. The purpose of the  program  is  to  increase
    26  accountability  and evidence for officers and the residents of the state
    27  by providing body-worn cameras to all regional state park  police  offi-
    28  cers while on patrol.
    29    2.  The office shall provide body-worn cameras, to be worn by officers
    30  at all times, while on patrol. Such cameras shall record:
    31    (a) immediately before an officer exits a vehicle to interact  with  a
    32  person  or situation, even if there is a dash camera inside such vehicle
    33  which might also be recording the interaction;
    34    (b) all uses of force, including any physical aggression and use of  a
    35  non-lethal or lethal weapon;
    36    (c) all arrests and summonses;
    37    (d) all interactions with people suspected of criminal activity;
    38    (e) all searches of persons and property;
    39    (f) any call to a crime in progress;
    40    (g) investigative actions where there are interactions with members of
    41  the public;
    42    (h) any interaction with an emotionally disturbed person; and
    43    (i)  any instances where officers feel any imminent danger or the need
    44  to document their time on duty.
    45    3. The attorney  general  may  investigate  any  instance  where  body
    46  cameras fail to record an event pursuant to this section.
    47    4. At the discretion of the officer, body-worn cameras may not record:
    48    (a) sensitive encounters, including but not limited to speaking with a
    49  confidential informant, or conducting a strip search; or
    50    (b)  when  a  member  of  the public asks such officer to turn off the
    51  camera; provided, however, such officer may continue recording  if  such
    52  officer thinks a record of that interaction should be generated.
    53    5.  The office shall preserve recordings of such body-worn cameras and
    54  perform all upkeep on equipment used in  such  body-worn  cameras.  Such
    55  duties shall include:

        S. 6058                             3
 
     1    (a)  creating a secure record of all instances where there is recorded
     2  video or audio footage;
     3    (b)  ensuring  officers  have  sufficient  storage  capacity  on their
     4  cameras to allow for the recording  of  interactions  required  by  this
     5  section; and
     6    (c) ensuring officers have access to body-worn cameras for the record-
     7  ing of instances required by this section.
     8    §  3.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law. Effective immediately, the addition, amendment and/or
    10  repeal of any rule or regulation necessary  for  the  implementation  of
    11  this  act  on its effective date are authorized to be made and completed
    12  on or before such effective date.
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