Relates to the use of body-worn cameras by New York state police officers; establishes the New York state police body-worn cameras program; requires the division of state police to provide body-worn cameras to be worn by all officers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8674A
SPONSOR: Walker TITLE OF BILL:
An act to amend the executive law, in relation to the use of body-worn
cameras by New York state police officers
TITLE OF BILL:
An act to amend the executive law, in relation to the use of body-worn
cameras by New York state police officers
PURPOSE OR GENERAL IDEA OF BILL:
In relation to the usage of body-worn cameras by New York State Police
patrol officers.
SUMMARY OF PROVISIONS:
1. The act shall be called the New York state police body-worn cameras
program.
2. The state police shall provide all officers on patrol with body-worn
cameras which shall be recording during all incidents listed in the
bill.
JUSTIFICATION:
Over the course of the last few years, there has been a national conver-
sation surrounding accountability, transparency, and a call for
increased transparency surrounding interactions with the members of the
public, and their respective law enforcement agencies. There have been
numerous cases, where the lack of video or audio recordings in alleged
cases of excessive force by law enforcement have led to a trust deficit
between communities and the police. As one of the largest state police
agencies in the country, the New York State police should also be one of
the first state police departments in the country, which promote
accountability with this measure. There are many studies, which have
been conducted, that show a direct correlation between the usage of
body-worn cameras and a drop in use of force incidents, and citizen's
complaints against police officers.
Most recently, the police department in Rialto, California, conducted a
study which showed that in the test period in which they enacted a poli-
cy for patrol officers to wear body-worn cameras, use of force inci-
dents, and citizen complaints dropped by 50 and 90 percent respectively.
This bill will mandate the New York State Police's Troopers to use body-
worn cameras while on patrol to promote accountability, and keep video
records of all interactions that Troopers have with individuals who are
stopped on suspicion of a crime, or a traffic violation.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8674--A
2019-2020 Regular Sessions
IN ASSEMBLY
October 23, 2019
___________
Introduced by M. of A. WALKER, RICHARDSON, RODRIGUEZ, BLAKE, MOSLEY --
read once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the use of body-worn
cameras by New York state police officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York state police body-worn cameras program".
3 § 2. The executive law is amended by adding a new section 234 to read
4 as follows:
5 § 234. New York state police body-worn cameras program. 1. There is
6 hereby created within the division of state police a New York state
7 police body-worn cameras program. The purpose of the program is to
8 increase accountability and evidence for law enforcement and the resi-
9 dents of the state by providing body-worn cameras to all state police
10 officers while on patrol.
11 2. The division of state police shall provide body-worn cameras, to be
12 worn by officers at all times, while on patrol. Such cameras shall
13 record:
14 (a) immediately before an officer exits a patrol vehicle to interact
15 with a person or situation, even if there is a dash camera inside such
16 vehicle which might also be recording the interaction;
17 (b) all uses of force, including any physical aggression and use of a
18 non-lethal or lethal weapon;
19 (c) all arrests and summonses;
20 (d) all interactions with people suspected of criminal activity;
21 (e) all searches of persons and property;
22 (f) any call to a crime in progress;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13695-06-0
A. 8674--A 2
1 (g) investigative actions where there are interactions with members of
2 the public;
3 (h) any interaction with an emotionally disturbed person; and
4 (i) any instances where officers feel any imminent danger or the need
5 to document their time on duty.
6 3. The attorney general may investigate any instance where body
7 cameras fail to record an event pursuant to this section.
8 4. At the discretion of the officer, body-worn cameras may not record:
9 (a) sensitive encounters, including but not limited to speaking with a
10 confidential informant, or conducting a strip search; or
11 (b) when a member of the public asks such officer to turn off the
12 camera; provided, however, such officer may continue recording if he or
13 she thinks a record of that interaction should be generated.
14 5. The division of state police shall preserve recordings of such
15 body-worn cameras and perform all upkeep on equipment used in such body-
16 worn cameras. Such duties shall include:
17 (a) creating a secure record of all instances where there is recorded
18 video or audio footage;
19 (b) ensuring officers have sufficient storage capacity on their
20 cameras to allow for the recording of interactions required by this
21 section; and
22 (c) ensuring officers have access to body-worn cameras for the record-
23 ing of instances required by this section.
24 § 3. This act shall take effect on the first of April next succeeding
25 the date on which it shall have become a law. Effective immediately, the
26 addition, amendment and/or repeal of any rule or regulation necessary
27 for the implementation of this act on its effective date are authorized
28 to be made and completed on or before such effective date.
