Requires the commissioner of police of a city having a population of one million or more persons to institute a demonstration program requiring the use of video recording devices which shall be worn as part of the required uniform of law enforcement personnel.
STATE OF NEW YORK
________________________________________________________________________
10184
IN ASSEMBLY
August 20, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Wright) --
read once and referred to the Committee on Codes
AN ACT to require the commissioner of police of a city having a popu-
lation of one million or more persons to institute a demonstration
program requiring the use of video recording devices which shall be
worn as part of the required uniform of law enforcement personnel; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. In a city having a population of one million or more
2 persons, the commissioner of police shall institute a demonstration
3 program and formulate and adopt rules and procedures requiring the use
4 of video recording devices which shall be worn as part of the required
5 uniform of law enforcement personnel. Such use shall be required for the
6 duration of a four year demonstration program which shall be implemented
7 citywide. The commissioner of police shall consult with a panel as
8 described herein to develop a process and schedule for precincts to be
9 selected for participation and to establish the required capabilities of
10 the recording devices. Such panel shall be limited to any agency or
11 municipal or state department of competent jurisdiction and no less than
12 three but no more than five not-for-profit organizations whose mission
13 includes the protection of civil rights and criminal justice reform.
14 § 2. During the first phase of the demonstration program, commencing
15 on October 1, 2015, at least twenty-five percent of all law enforcement
16 precincts in each such city shall be required to participate in the
17 demonstration program, provided, however, that the first phase shall
18 include those precincts with arrest rates higher than the countywide
19 average for the county in which they are located. By October 1, 2016,
20 fifty percent of all law enforcement precincts in each such city shall
21 be required to participate in the demonstration program and by October
22 1, 2017, all law enforcement precincts in each such city shall be
23 required to participate in the demonstration program.
24 § 3. No later than August first of each year during the demonstration
25 program, the commissioner of police shall provide to the mayor, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15723-02-4
A. 10184 2
1 local governing body, the office of the public advocate and the members
2 of the state legislature a summary of the precincts that have been
3 selected to participate in each phase. Such summary shall include
4 historical data for each precinct, including arrest and demographic data
5 for the covered communities, demographic data for the police depart-
6 ment's personnel, statistical summaries of any and all civilian
7 complaints filed against each precinct and/or its police officers and
8 data detailing any civil legal costs attributed to each precinct during
9 the preceding 24 month period.
10 § 4. The video recording devices required by this act shall be random-
11 ly assigned to the police officers at participating precincts at the
12 start of each shift. At least twenty percent of police officers on duty
13 for each shift shall be required to wear the devices. The police offi-
14 cers to whom the devices are assigned shall be required to turn on and
15 maintain operation of the device during any interaction with a civilian
16 while on duty. The commissioner of police shall establish any rules
17 necessary to effectuate the provisions of this section provided however
18 that such rules must provide for the routine testing of the video
19 recording devices to ensure functional operation, remedies and appropri-
20 ate sanctions for any attempts by a police officer to tamper with the
21 operation of the devices.
22 § 5. On or before January thirty-first of each year of the demon-
23 stration program, the commissioner of police shall prepare and issue to
24 the office of the mayor, the local governing body, the office of the
25 public advocate, the state legislature and the governor, an annual
26 report on the status of the demonstration program. Such report shall
27 include, but shall not be limited to: the number and demographic data of
28 all precincts participating in the program; the number of civilian
29 complaints filed against the police officers of such precincts, the
30 nature of such complaints and the resolution; and, to the extent allow-
31 able by law, a summary of the nature of any disciplinary actions taken
32 against police officers in circumstances where material captured on a
33 digital recording device was used in the investigation of a complaint
34 and data detailing any civil legal costs attributed to each precinct.
35 § 6. This act shall take effect immediately and shall expire and be
36 deemed repealed December 31, 2019.
