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S03806 Summary:

BILL NOS03806A
 
SAME ASSAME AS A01627-A
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd §690.50, CP L
 
Requires that each police officer and peace officer involved in the execution of a search warrant wear a functioning and unobstructed body camera that shall be active prior to and throughout the execution of the search and during any related action following the execution of the search warrant.
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S03806 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3806--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2021
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be  committed  to  the  Committee  on  Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the criminal procedure law, in relation to requiring all
          police officers and peace officers involved  in  the  execution  of  a
          search warrant or other entry onto a premises to wear body cameras
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 690.50 of the criminal procedure law is amended  by
     2  adding a new subdivision 3-a to read as follows:
     3    3-a.  A  search warrant shall not be executed without the execution of
     4  such warrant being recorded  by  a  functioning  and  unobstructed  body
     5  camera  or  other  functioning  and unobstructed video recording device.
     6  Each police officer involved in the execution of a search  warrant  must
     7  wear a functioning and unobstructed body camera or other functioning and
     8  unobstructed  video  recording  device that shall be active prior to and
     9  throughout the execution of the search and  during  any  related  action
    10  following the execution of the search warrant, including, but not limit-
    11  ed to the securing of persons or evidence.
    12    §  2. (a) Notwithstanding any law, rule or regulation to the contrary,
    13  prior to a police officer or peace officer entering a property or  prem-
    14  ises,  regardless  if  such police officer or peace officer has received
    15  consent to enter such property or premises, or if there are  exigent  or
    16  emergency  circumstances  or  such  police  officer  or peace officer is
    17  otherwise authorized to enter such property  or  premises,  such  police
    18  officer  or  peace officer shall wear and turn on a body camera or other
    19  functioning and unobstructed video recording device.  Each police  offi-
    20  cer  or  peace  officer who enters such property or premises must wear a
    21  functioning and unobstructed body camera or other functioning and  unob-
    22  structed  video  recording  device  that  shall  be  active prior to and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02804-05-1

        S. 3806--A                          2
 
     1  throughout the duration of such  police  officer's  or  peace  officer's
     2  occupation  of such property or premises and  during  any related action
     3  following such duration, including, but not limited to the  securing  of
     4  persons or evidence.
     5    (b)  As  used  in this act, "police officer" and "peace officer" shall
     6  have the same meaning as subdivisions thirty-three  and  thirty-four  of
     7  section 1.20 of the criminal procedure law.
     8    §  3.  This  act shall take effect on the thirtieth day after it shall
     9  have become a law.
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