A10176 Summary:

BILL NOA10176
 
SAME ASSAME AS S07932
 
SPONSORRules (Sepulveda)
 
COSPNSR
 
MLTSPNSR
 
Add S79-o, Civ Rts L
 
Relates to videotaping uniformed personnel in the course of carrying out their professional duties.
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A10176 Actions:

BILL NOA10176
 
08/20/2014referred to governmental operations
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A10176 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10176
 
SPONSOR: Rules (Sepulveda)
  TITLE OF BILL: An act to amend the civil rights law, in relation to videotaping uniformed personnel in the course of carrying out their professional duties   PURPOSE OR GENERAL IDEA OF BILL: Provides an affirmative right to videotape uniformed personnel and provides for the recovery of damages in the amount of $25,000 per violation.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the civil rights law by adding a new section 79-o. Establishes the right to videotape uniformed personnel when such person- nel are carrying out their duties. Defines uniformed personnel as police, firefighters, emergency technicians and paramedics. Provides for the recovery of damages in the amount of $25,000 per violation. Section 2. Effective Date   EXISTING LAW: None.   JUSTIFICATION: On Thursday, July 17, 2014, Eric Garner was accused of selling loose cigarettes on a street in Staten Island. He was approached by the NYPD, and as his encounter with the NYPD continued, he was suddenly and for no apparent reason, placed in a chokehold, which has been banned by the NYPD since 1993. Tragically, Mr. Garner died later at the hospital. This event, from the time the police first approached Mr. Garner, up to and including the chokehold and the arrival of the emergency medical services, was captured on video by Ramsey Orta who taped the encounter on his cell phone. If not for Mr.Orta's video, there would be no visual record of this tragic event. The public would have limited information as to what really transpired on that fateful day. It should be noted that the right to videotape is already allowed, as long as the person videotaping does not interfere with police activity. However, because this right is routinely violated, this legislation is needed. This bill strengthens and protects civilians' rights by affirma- tively allowing a person to video tape uniformed personnel in the course of their duties, as long as the person does not interfere with the uniformed personnel from carrying out their duties. It also allows the aggrieved person to sue for wrongful interference with videotaping uniformed personnel in the course of their duties.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: Immediately.
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A10176 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10176
 
                   IN ASSEMBLY
 
                                     August 20, 2014
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Sepulveda)
          -- read once and referred to the Committee on Governmental Operations
 
        AN ACT to amend  the  civil  rights  law,  in  relation  to  videotaping
          uniformed  personnel  in the course of carrying out their professional
          duties
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  79-o to read as follows:
     3    § 79-o. Right to videotape uniformed  personnel.  1.  Any  person  may
     4  videotape  uniformed  personnel  in  the  course  of  carrying out their
     5  duties, as long as such person does not interfere with uniformed person-
     6  nel from carrying out their duties.
     7    2. "Uniformed personnel" as used in this section, shall  mean  police,
     8  firefighters, emergency technicians and paramedics.
     9    3.  A  person  who  is  prevented  or  prohibited from videotaping, as
    10  described in subdivision one of this section,  by  uniformed  personnel,
    11  may  recover  damages  in the amount of twenty-five thousand dollars per
    12  violation.

    13    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15685-01-4
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