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

                                  10185

                          I N  A S S E M B L Y

                             August 22, 2014
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to enacting  the
  "New  Yorker's right to monitor act" permitting the filming or record-
  ing of police in the act of an arrest or law enforcement activity

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    This  act  shall  be known and may be cited as the "New
Yorker's right to monitor act".
  S 2. The criminal procedure law is amended by  adding  a  new  section
120.85 to read as follows:
S 120.85 WARRANT  OF  ARREST; FILMING AN ARREST OR OTHER LAW ENFORCEMENT
           ACTIVITY.
  1. AN INDIVIDUAL MAY FILM OR RECORD A POLICE OFFICER OR  POLICE  OFFI-
CERS  IN  THE ACT OF MAKING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY.
SUCH OFFICER OR OFFICERS MAY NOT INTENTIONALLY ACT IN  A  MANNER  SOLELY
FOR THE PURPOSE OF BLOCKING OR OBSTRUCTING CAMERAS OR OTHER PHOTO, AUDIO
OR  VIDEO RECORDING DEVICES BEING USED IN MONITORING THE ARREST OR OTHER
LAW ENFORCEMENT ACTIVITY.
  2. AN INDIVIDUAL IN NEW YORK MAY  NOT  BE  SUBJECT  TO  HARASSMENT  OR
ARREST FOR FILMING OR RECORDING AN ARREST, PROVIDED THAT SUCH INDIVIDUAL
WHO  FILMS OR RECORDS THE ARREST DOES SO WITHOUT INTENTIONALLY INTERFER-
ING WITH POLICE DUTIES, OR PURPOSEFULLY HARASSING MEMBERS OF THE  POLICE
OR  OTHERS.  SUCH INDIVIDUAL WHO FILMS OR RECORDS AN ARREST OR OTHER LAW
ENFORCEMENT ACTIVITY MAY NOT ENGAGE IN ACTIONS THAT JEOPARDIZE THE SAFE-
TY OF AN OFFICER, A SUSPECT, OR OTHERS IN THE VICINITY.  AN  INDIVIDUAL,
WHILE  ENGAGED IN THE ACT OF RECORDING OR FILMING AN ARREST OR OTHER LAW
ENFORCEMENT ACTIVITY, MAY NOT SUBSTANTIVELY VIOLATE THE  LAW  OR  INCITE
OTHERS TO VIOLATE THE LAW.
  3.  A POLICE OFFICER OR POLICE OFFICERS MAY NOT ARREST, STOP OR DETAIN
AN  ONLOOKER OF AN ARREST, POLICE STOP, OR DETAINMENT FOR PROBABLE CAUSE
BASED ON THE ONLOOKER'S SPEECH ALONE,  EVEN  THOUGH  CRUDE  AND  VULGAR;
REQUESTING  AND  MAKING NOTES OF POLICE SHIELD NUMBERS OR NAMES OF OFFI-
CERS; OR REMAINING IN THE VICINITY OF THE ARREST OR OTHER  LAW  ENFORCE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15691-05-4

A. 10185                            2

MENT  ACTIVITY.    AN INDIVIDUAL WHO RECORDS OR FILMS AN ARREST OR OTHER
LAW ENFORCEMENT ACTIVITY IN A MANNER THAT IS  REASONABLE  AND  OTHERWISE
LAWFUL  UNDER  THE  CIRCUMSTANCES  SHALL  NOT BE CHARGED WITH DISORDERLY
CONDUCT  PURSUANT  TO  SECTION 240.20 OF THE PENAL LAW OR OBSTRUCTION OF
GOVERNMENTAL ADMINISTRATION IN THE SECOND  DEGREE  PURSUANT  TO  SECTION
195.05 OF THE PENAL LAW.
  4.    A  POLICE  OFFICER  OR POLICE OFFICERS MAY NOT SEARCH OR SEIZE A
CAMERA, FILMING, PHOTO, VIDEO OR RECORDING  DEVICE  WITHOUT  A  WARRANT,
UNLESS  USED  IN  THE  COMMISSION OF A CRIME. A POLICE OFFICER OR POLICE
OFFICERS SHALL NOT THREATEN,  INTIMIDATE,  OR  OTHERWISE  DISCOURAGE  AN
INDIVIDUAL  FROM  RECORDING  OR  FILMING  LAW ENFORCEMENT ACTIVITIES. AN
INDIVIDUAL SHOULD BE GIVEN NOTICE AND OPPORTUNITY TO OBJECT BEFORE  THEY
ARE IRREVOCABLY DEPRIVED OF THEIR RECORDINGS.
  5. A LAW ENFORCEMENT OFFICER SHALL NOT DAMAGE OR ERASE THE CONTENTS OF
A  CAMERA,  CELL  PHONE OR OTHER VIDEO OR AUDIO RECORDING DEVICE CONFIS-
CATED OR SEIZED DURING AN ARREST OR OTHER LAW ENFORCEMENT ACTIVITY.  THE
DESTRUCTION  OF  THE  CONTENTS  OF A CAMERA OR RECORDING DEVICE BY A LAW
ENFORCEMENT OFFICER IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SUBDIVI-
SION  SHALL  CONSTITUTE  TAMPERING WITH PHYSICAL EVIDENCE, AS DEFINED IN
SUBDIVISION TWO OF SECTION 215.40 OF THE PENAL LAW.
  6. THE ATTORNEY GENERAL SHALL  ESTABLISH  GUIDELINES  CLEARLY  STATING
CIRCUMSTANCES  UNDER  WHICH  A  POLICE OFFICER MAY SEIZE A CELL PHONE OR
OTHER VIDEO OR AUDIO RECORDING DEVICE, EVEN  TEMPORARILY,  AND  HOW  THE
RECORDINGS  ON  THE  DEVICE  SHALL  BE  PRESERVED  AND  MAINTAINED AFTER
SEIZURE. THE ATTORNEY GENERAL SHALL  ALSO  ESTABLISH  OFFICER  EDUCATION
REGARDING  THE  FILMING  OR  RECORDING  OF ARRESTS. HE OR SHE SHALL ALSO
PROVIDE APPROPRIATE SANCTIONS SHOULD OFFICERS NOT COMPLY WITH THE  TERMS
OF  THIS SECTION.   THESE GUIDELINES SHALL BE ADOPTED AND IMPLEMENTED BY
ALL POLICE DEPARTMENTS IN THE STATE.
  7. THIS SECTION SHALL APPLY TO BOTH PUBLIC AND PRIVATE PROPERTY.
  8. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDE-
MEANOR.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.