Establishes a voluntary surveillance access database where residential homeowners and business owners may elect to have information and/or images obtained from their closed-circuit television or other electronic surveillance systems made available to law enforcement agencies.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (2): LaValle, Maziarz
Excused (2): Huntley, Krueger
TITLE OF BILL: An act to amend the executive law, in relation to establishing a voluntary surveillance access database
PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to authorize the New York State Division of Homeland Security and Emergency Services to establish and maintain a confidential database that can help law enforcement agencies after a crime has been committed.
SUMMARY OF SPECIFIC PROVISIONS: Establishing a new section 718 to the executive law that will be voluntary, confidential, and accessible to law enforcement agencies upon request. Residential home owners and business owners will have the option registering the location of surveillance cameras along with the contact name and information of the owner of such equipment.
JUSTIFICATION: Law enforcement agencies will have the ability to find locations of privately owned surveillance cameras in a specific area in response to a criminal investigation. After a crime has been committed, detectives usually have to go door to door in order to find out who has surveillance cameras, this method can be time consuming and differences in many surveillance systems can cause evidence to be erased or recorded over if not detected in time. Residents are only registering their surveillance system locations. They are under no obligation to make those images available and can withdraw from the database at any time. The database is confidential and shall not be made available for disclosure or inspection under the state freedom of information law unless a subpoena or other court order directs the owner to release such information or image.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made ad completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6796--A IN SENATE March 22, 2012 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to establishing a volun- tary surveillance access database THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 718 to read as follows: S 718. VOLUNTARY SURVEILLANCE ACCESS DATABASE. 1. THE DIVISION SHALL ESTABLISH A VOLUNTARY SURVEILLANCE ACCESS DATABASE TO BE MADE ACCESSI- BLE, UPON REQUEST, TO ANY LAW ENFORCEMENT AGENCY FOR CRIMINAL INVESTI- GATIVE PURPOSES. 2. RESIDENTIAL HOME OWNERS AND BUSINESS OWNERS WHO MAINTAIN A CLOSED- CIRCUIT TELEVISION OR OTHER ELECTRONIC SURVEILLANCE SYSTEM MAY ELECT TO MAKE SUCH INFORMATION AND/OR IMAGES OBTAINED FROM SUCH SYSTEM AVAILABLE TO LAW ENFORCEMENT AGENCIES THROUGH SUCH DATABASE; PROVIDED, HOWEVER, SUCH LAW ENFORCEMENT AGENCY SHALL OBTAIN SUCH OWNER'S PERMISSION, PRIOR TO EACH INSTANCE IN WHICH SUCH AGENCY SEEKS TO OBTAIN ACCESS TO SUCH OWNER'S SURVEILLANCE SYSTEM. SUCH OWNERS MAY WITHDRAW FROM THE DATABASE AT ANY TIME. 3. ANY INFORMATION OR IMAGE OBTAINED FROM SUCH DATABASE SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE MADE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW UNLESS A SUBPOENA OR OTHER COURT ORDER DIRECTS THE OWNER TO RELEASE SUCH INFORMATION OR IMAGE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14235-06-2