S7775-2011 - NY Senate Open Legislation - Establishes a voluntary surveillance access database

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.

Sponsor: GOLDEN
Law Section: Executive Law / Law: Add S718, Exec L

S7775-2011 Actions

Jun 21, 2012: SUBSTITUTED BY A9380B
Jun 20, 2012: ORDERED TO THIRD READING CAL.1449
Jun 18, 2012: REFERRED TO RULES

S7775-2011 Meetings

Rules: Jun 21, 2012

S7775-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7775-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012

Ayes (16): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, Libous, Marcellino, Nozzolio, Saland, Seward, Sampson, Breslin, Smith, Stewart-Cousins
Ayes W/R (4): LaValle, Maziarz, Duane, Montgomery
Nays (5): Dilan, Hassell-Thompson, Krueger, Parker, Perkins

S7775-2011 Memo

BILL NUMBER:S7775

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.

S7775-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          7775
 I N  SENATE
 June 18, 2012
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules
 

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 WRITTEN REQUEST, TO ANY  LAW  ENFORCEMENT  AGENCY  SOLELY  FOR
 PURPOSES OF A CRIMINAL INVESTIGATION.
 2.  RESIDENTIAL HOME OWNERS AND BUSINESS OWNERS WHO MAINTAIN A CLOSED
 CIRCUIT TELEVISION OR OTHER ELECTRONIC  VIDEO  SURVEILLANCE  SYSTEM  MAY
 ELECT  TO  REGISTER  SUCH  INFORMATION,  LIMITED TO THE LOCATION OF SUCH
 SYSTEM AND THE CONTACT INFORMATION FOR THE  OWNER,  WITH  THE  VOLUNTARY
 SURVEILLANCE  ACCESS DATABASE.   SUCH OWNERS MAY WITHDRAW SUCH REGISTRA
 TION FROM THE DATABASE AT ANY TIME.
 3. REGISTRATION INFORMATION FROM SUCH DATABASE SHALL BE KEPT CONFIDEN
 TIAL 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 DIVISION 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.
 LBD14235-09-2

S7775-2011: Establishes a voluntary surveillance access database