S T A T E   O F   N E W   Y O R K
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                                  10184

                          I N  A S S E M B L Y

                             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:

  Section 1. In a city having  a  population  of  one  million  or  more
persons,  the  commissioner  of  police  shall institute a demonstration
program and formulate and adopt rules and procedures requiring  the  use
of  video  recording devices which shall be worn as part of the required
uniform of law enforcement personnel. Such use shall be required for the
duration of a four year demonstration program which shall be implemented
citywide.  The commissioner of police shall  consult  with  a  panel  as
described  herein  to develop a process and schedule for precincts to be
selected for participation and to establish the required capabilities of
the recording devices.  Such panel shall be limited  to  any  agency  or
municipal or state department of competent jurisdiction and no less than
three  but  no more than five not-for-profit organizations whose mission
includes the protection of civil rights and criminal justice reform.
  S 2. During the first phase of the demonstration  program,  commencing
on  October 1, 2015, at least twenty-five percent of all law enforcement
precincts in each such city shall be  required  to  participate  in  the
demonstration  program,  provided,  however,  that the first phase shall
include those precincts with arrest rates  higher  than  the  countywide
average  for  the county in which they are located.  By October 1, 2016,
fifty percent of all law enforcement precincts in each such  city  shall
be  required  to participate in the demonstration program and by October
1, 2017, all law enforcement  precincts  in  each  such  city  shall  be
required to participate in the demonstration program.
  S  3. No later than August first of each year during the demonstration
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

local  governing body, the office of the public advocate and the members
of the state legislature a summary  of  the  precincts  that  have  been
selected  to  participate  in  each  phase.  Such  summary shall include
historical data for each precinct, including arrest and demographic data
for  the  covered  communities,  demographic data for the police depart-
ment's  personnel,  statistical  summaries  of  any  and  all   civilian
complaints  filed  against  each precinct and/or its police officers and
data detailing any civil legal costs attributed to each precinct  during
the preceding 24 month period.
  S 4. The video recording devices required by this act shall be random-
ly  assigned  to  the  police officers at participating precincts at the
start of each shift. At least twenty percent of police officers on  duty
for  each  shift shall be required to wear the devices. The police offi-
cers to whom the devices are assigned shall be required to turn  on  and
maintain  operation of the device during any interaction with a civilian
while on duty. The commissioner of  police  shall  establish  any  rules
necessary  to effectuate the provisions of this section provided however
that such rules must provide  for  the  routine  testing  of  the  video
recording devices to ensure functional operation, remedies and appropri-
ate  sanctions  for  any attempts by a police officer to tamper with the
operation of the devices.
  S 5. On or before January thirty-first of  each  year  of  the  demon-
stration  program, the commissioner of police shall prepare and issue to
the office of the mayor, the local governing body,  the  office  of  the
public  advocate,  the  state  legislature  and  the governor, an annual
report on the status of the demonstration  program.  Such  report  shall
include, but shall not be limited to: the number and demographic data of
all  precincts  participating  in  the  program;  the number of civilian
complaints filed against the police  officers  of  such  precincts,  the
nature  of such complaints and the resolution; and, to the extent allow-
able by law, a summary of the nature of any disciplinary  actions  taken
against  police  officers  in circumstances where material captured on a
digital recording device was used in the investigation  of  a  complaint
and data detailing any civil legal costs attributed to each precinct.
  S  6.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2019.