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

                                  1648

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by 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, 2016, 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,  2017,
fifty  percent  of all law enforcement precincts in each such city shall
be required to participate in the demonstration program and  by  October

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04743-01-5

              

A. 1648                             2

1,  2018,  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
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, 2020.