Provides that a municipality may disclose any portion of a call made to its E911 system in any emergency situation to protect public safety or upon the consent of persons who made such calls.
TITLE OF BILL:
An act to amend the county law, in relation to the availability of calls made to a municipality's E911 system
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision four of 308 of the County Law to authorize the release of E911 records under certain circumstances.
Section 2 is the enacting provision.
E911 is the term used to describe an "enhanced" 911 emergency system. Using that system, the recipient of the emergency call has the ability to know the phone number used to make the call and the location from which the call was made.
Under current law, E911 records simply cannot be disclosed by county law enforcement because 308 of the County Law states that such records "not be made available." Many instances have arisen in which those agencies have wanted to disclose the contents of E911 tape recordings, either in the form of the recordings themselves or transcripts thereof, but they have been frustrated due to the prohibition imposed by the County Law.
The bill amends subdivision (4) of 308 of the County Law to give law enforcement agencies the flexibility to disclose those records when it is in the public interest to do so while clearly enabling those agencies to protect personal privacy and safety.
PRIOR LEGISLATIVE HISTORY:
2005-2006: S.4902 Senate Local Government Cmte./A.8154 Assembly Local 2007-2008: S.832 Senate Local Government Cmte./A.3453 Assembly Local Governments Cmte. 2009-2010: S.1679 Senate Local Government Cmte.
STATE OF NEW YORK ________________________________________________________________________ 4421 2011-2012 Regular Sessions IN SENATE April 5, 2011 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law, in relation to the availability of calls made to a municipality's E911 system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 308 of the county law, as amended by chapter 309 of the laws of 1996, is amended to read as follows: 4. Records, in whatever form they may be kept, of calls made to a municipality's E911 system
[shall]NEED not be made available to or obtained by any entity or person, other than that municipality's public safety agency, another government agency or body, or a private entity or a person providing medical, ambulance or other emergency services, and shall not be utilized for any commercial purpose other than the provision of emergency services; PROVIDED, HOWEVER, THAT A MUNICIPALITY MAY DISCLOSE ANY PORTION OF SUCH RECORDS IN ANY EMERGENCY SITUATION TO PROTECT PUBLIC SAFETY OR UPON THE CONSENT OF PERSONS WHO MADE SUCH CALLS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10565-01-1