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.
STATE OF NEW YORK
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4313
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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
23 throughout the duration of such police officer's or peace officer's
24 occupation of such property or premises and during any related action
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07934-01-3
S. 4313 2
1 following such duration, including, but not limited to the securing of
2 persons or evidence.
3 (b) As used in this act, "police officer" and "peace officer" shall
4 have the same meaning as subdivisions thirty-three and thirty-four of
5 section 1.20 of the criminal procedure law.
6 § 3. This act shall take effect on the thirtieth day after it shall
7 have become a law.
