Relates to the use of body-worn cameras by police officers; requires the department of environmental conservation and the office of parks, recreation and historic preservation establish a program to provide and require officers to wear body-worn cameras while on patrol.
STATE OF NEW YORK
________________________________________________________________________
7947
IN SENATE
January 4, 2024
___________
Introduced by Sens. PARKER, HOYLMAN-SIGAL, SEPULVEDA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law and the parks, recre-
ation and historic preservation law, in relation to the use of body-
worn cameras by police officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 3-0323 to read as follows:
3 § 3-0323. Police officer body-worn cameras program.
4 1. There is hereby created within the department a police officer
5 body-worn cameras program. The purpose of the program is to increase
6 accountability and evidence for police officers of the department and
7 the residents of the state by providing body-worn cameras to all police
8 officers while on patrol.
9 2. The department shall provide body-worn cameras, to be worn by offi-
10 cers at all times, while on patrol. Such cameras shall record:
11 (a) immediately before an officer exits a vehicle to interact with a
12 person or situation, even if there is a dash camera inside such vehicle
13 which might also be recording the interaction;
14 (b) all uses of force, including any physical aggression and use of a
15 non-lethal or lethal weapon;
16 (c) all arrests and summonses;
17 (d) all interactions with people suspected of criminal activity;
18 (e) all searches of persons and property;
19 (f) any call to a crime in progress;
20 (g) investigative actions where there are interactions with members of
21 the public;
22 (h) any interaction with an emotionally disturbed person; and
23 (i) any instances where officers feel any imminent danger or the need
24 to document their time on duty.
25 3. The attorney general may investigate any instance where body
26 cameras fail to record an event pursuant to this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11839-01-3
S. 7947 2
1 4. At the discretion of the officer, body-worn cameras may not record:
2 (a) sensitive encounters, including but not limited to speaking with a
3 confidential informant, or conducting a strip search; or
4 (b) when a member of the public asks such officer to turn off the
5 camera; provided, however, such officer may continue recording if he or
6 she thinks a record of that interaction should be generated.
7 5. The department shall preserve recordings of such body-worn cameras
8 and perform all upkeep on equipment used in such body-worn cameras. Such
9 duties shall include:
10 (a) creating a secure record of all instances where there is recorded
11 video or audio footage;
12 (b) ensuring officers have sufficient storage capacity on their
13 cameras to allow for the recording of interactions required by this
14 section; and
15 (c) ensuring officers have access to body-worn cameras for the record-
16 ing of instances required by this section.
17 § 2. The parks, recreation and historic preservation law is amended by
18 adding a new section 13.33 to read as follows:
19 § 13.33 Regional state park police body-worn cameras program. 1.
20 There is hereby created within the office a regional state park police
21 body-worn cameras program. The purpose of the program is to increase
22 accountability and evidence for officers and the residents of the state
23 by providing body-worn cameras to all regional state park police offi-
24 cers while on patrol.
25 2. The office shall provide body-worn cameras, to be worn by officers
26 at all times, while on patrol. Such cameras shall record:
27 (a) immediately before an officer exits a vehicle to interact with a
28 person or situation, even if there is a dash camera inside such vehicle
29 which might also be recording the interaction;
30 (b) all uses of force, including any physical aggression and use of a
31 non-lethal or lethal weapon;
32 (c) all arrests and summonses;
33 (d) all interactions with people suspected of criminal activity;
34 (e) all searches of persons and property;
35 (f) any call to a crime in progress;
36 (g) investigative actions where there are interactions with members of
37 the public;
38 (h) any interaction with an emotionally disturbed person; and
39 (i) any instances where officers feel any imminent danger or the need
40 to document their time on duty.
41 3. The attorney general may investigate any instance where body
42 cameras fail to record an event pursuant to this section.
43 4. At the discretion of the officer, body-worn cameras may not record:
44 (a) sensitive encounters, including but not limited to speaking with a
45 confidential informant, or conducting a strip search; or
46 (b) when a member of the public asks such officer to turn off the
47 camera; provided, however, such officer may continue recording if he or
48 she thinks a record of that interaction should be generated.
49 5. The office shall preserve recordings of such body-worn cameras and
50 perform all upkeep on equipment used in such body-worn cameras. Such
51 duties shall include:
52 (a) creating a secure record of all instances where there is recorded
53 video or audio footage;
54 (b) ensuring officers have sufficient storage capacity on their
55 cameras to allow for the recording of interactions required by this
56 section; and
S. 7947 3
1 (c) ensuring officers have access to body-worn cameras for the record-
2 ing of instances required by this section.
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law. Effective immediately, the addition, amendment and/or
5 repeal of any rule or regulation necessary for the implementation of
6 this act on its effective date are authorized to be made and completed
7 on or before such effective date.
