Relates to the filming or recording of arrests and law enforcement activity; provides that individuals may film or record an arrest or other law enforcement activity; prohibits police officers from blocking or obstructing cameras or recording devices during an arrest; provides that individuals otherwise reasonably and lawfully recording or filming the arrest may not be subject to harassment or arrest; also provides that officers may not search or seize a camera or recording device without a warrant or intimidate individuals from recording or filming arrests.
STATE OF NEW YORK
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4936
2015-2016 Regular Sessions
IN ASSEMBLY
February 9, 2015
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Introduced by M. of A. PERRY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to enacting the
"New Yorker's right to monitor act" permitting the filming or record-
ing of police in the act of an arrest or law enforcement activity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New
2 Yorker's right to monitor act".
3 § 2. The criminal procedure law is amended by adding a new section
4 120.85 to read as follows:
5 § 120.85 Warrant of arrest; filming an arrest or other law enforcement
6 activity.
7 1. An individual may film or record a police officer or police offi-
8 cers in the act of making an arrest or other law enforcement activity.
9 Such officer or officers may not intentionally act in a manner solely
10 for the purpose of blocking or obstructing cameras or other photo, audio
11 or video recording devices being used in monitoring the arrest or other
12 law enforcement activity.
13 2. An individual in New York may not be subject to harassment or
14 arrest for filming or recording an arrest, provided that such individual
15 who films or records the arrest does so without intentionally interfer-
16 ing with police duties, or purposefully harassing members of the police
17 or others. Such individual who films or records an arrest or other law
18 enforcement activity may not engage in actions that jeopardize the safe-
19 ty of an officer, a suspect, or others in the vicinity. An individual,
20 while engaged in the act of recording or filming an arrest or other law
21 enforcement activity, may not substantively violate the law or incite
22 others to violate the law.
23 3. A police officer or police officers may not arrest, stop or detain
24 an onlooker of an arrest, police stop, or detainment for probable cause
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03764-01-5
A. 4936 2
1 based on the onlooker's speech alone, even though crude and vulgar;
2 requesting and making notes of police shield numbers or names of offi-
3 cers; or remaining in the vicinity of the arrest or other law enforce-
4 ment activity. An individual who records or films an arrest or other
5 law enforcement activity in a manner that is reasonable and otherwise
6 lawful under the circumstances shall not be charged with disorderly
7 conduct pursuant to section 240.20 of the penal law or obstruction of
8 governmental administration in the second degree pursuant to section
9 195.05 of the penal law.
10 4. A police officer or police officers may not search or seize a
11 camera, filming, photo, video or recording device without a warrant,
12 unless used in the commission of a crime. A police officer or police
13 officers shall not threaten, intimidate, or otherwise discourage an
14 individual from recording or filming law enforcement activities. An
15 individual should be given notice and opportunity to object before they
16 are irrevocably deprived of their recordings.
17 5. A law enforcement officer shall not damage or erase the contents of
18 a camera, cell phone or other video or audio recording device confis-
19 cated or seized during an arrest or other law enforcement activity. The
20 destruction of the contents of a camera or recording device by a law
21 enforcement officer in accordance with the provisions of this subdivi-
22 sion shall constitute tampering with physical evidence, as defined in
23 subdivision two of section 215.40 of the penal law.
24 6. The attorney general shall establish guidelines clearly stating
25 circumstances under which a police officer may seize a cell phone or
26 other video or audio recording device, even temporarily, and how the
27 recordings on the device shall be preserved and maintained after
28 seizure. The attorney general shall also establish officer education
29 regarding the filming or recording of arrests. He or she shall also
30 provide appropriate sanctions should officers not comply with the terms
31 of this section. These guidelines shall be adopted and implemented by
32 all police departments in the state.
33 7. This section shall apply to both public and private property.
34 8. Any violation of the provisions of this section shall be a misde-
35 meanor.
36 § 3. This act shall take effect on the one hundred twentieth day after
37 it shall have become a law.
