NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1607 Revised 2/11/2021
SPONSOR: Carroll TITLE OF BILL:
An act to amend the criminal procedure law, in relation to requiring
arrests be recorded or else such arrest is void and the defendant is
discharged
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require that all arrests be recorded. If not, they will
be void and the defendant will be discharged.
SUMMARY OF PROVISIONS:
Section 1, 2 and 3 amends the criminal procedure law to void all arrests
made by police or peace officers unless the arrest is recorded using a
functioning and unobstructed body camera or other video recording
device.
Section 4 sets the effective date.
JUSTIFICATION:
Many police departments, including the NYPD require that Officers must
record certain events, including all uses of force and all arrests and
summonses. However, we have seen in many instances that body worn
cameras during an arrest suddenly malfunction, are not turned on, or
otherwise do not function as expected. This bill reinforces the existing
NYPD procedure requiring that all arrests be recorded but would addi-
tionally void any arrest made without a valid recording. This bill
would help enforce transparency in all arrest proceedings.
PRIOR LEGISLATIVE HISTORY:
A.10624 of 2019-20 FISCAL IMPLICATIONS: TBD
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it has become law.
STATE OF NEW YORK
________________________________________________________________________
1607
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. CARROLL, TAYLOR, SEAWRIGHT -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring
arrests be recorded or else such arrest is void and the defendant is
discharged
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.80 of the criminal procedure law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. A warrant for arrest shall not be executed without the execution of
4 such warrant being recorded by a functioning and unobstructed body
5 camera or other video recording device. If the execution of the warrant
6 is not recorded on video by the police officers executing the warrant,
7 the arrest shall be deemed void and the defendant shall be discharged.
8 § 2. Section 140.15 of the criminal procedure law is amended by adding
9 a new subdivision 5 to read as follows:
10 5. The arresting police officer shall record such arrest using a func-
11 tioning and unobstructed body camera or other video recording device. If
12 such arrest was not recorded on video by the police officers making such
13 arrest, such arrest shall be deemed void and the defendant shall be
14 discharged.
15 § 3. Section 140.27 of the criminal procedure law is amended by adding
16 a new subdivision 6 to read as follows:
17 6. The arresting peace officer shall record such arrest using a func-
18 tioning and unobstructed body camera or other video recording device. If
19 such arrest was not recorded on video by the peace officers making such
20 arrest, such arrest shall be deemed void and the defendant shall be
21 discharged.
22 § 4. This act shall take effect on the thirtieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05484-01-1
