BILL NUMBER: S2305
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the civil practice law and rules and the criminal proce-
dure law, in relation to recordings found on police cameras
 
PURPOSE:
The purpose of this legislation is to ensure that full disclosure shall
be made on all recordings found on a police or peace officer's body
camera as well as any camera installed in a police or peace officers
vehicle.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision (I) of section 3101 of the civil practice
law and rules as added by chapter 5764 of the laws of 1993 which
requires all recordings found on a police or peace officer's body and/or
camera installed in a police or peace officer's vehicle, be subject to
full disclosure.
Section 2 amends paragraph (g) of subdivision 1 of section 240.20 of the
criminal procedure law as amended by section 2 of part HHH of chapter 56
of the laws 2020, which requires all recordings made or received in
connection with a a police or peace officer's body and/or camera
installed in a police or peace officer's vehicle, be subject to full
disclosure.
Section 3 provides the effective date.
 
JUSTIFICATION:
Given recent events, police body cameras and police vehicle mounted
cameras have become integral pieces of evidence in certain criminal and
civil proceedings and investigations. This bill requires the full
disclosure of all recordings found on a police or peace officer's body
camera and/or camera installed in a police or peace officer's vehicle
and for its presentation as evidence in any matter subject to disclo-
sure. Preservation of this recording evidence is imperative to a fair
judicial process, and will ensure that parties in a related criminal or
civil proceeding or investigation, including, but not limited to, grand
juries, prosecutors, and defendants have this crucial information..
Recordings found on a police or peace officer's body camera, as well as
any camera installed in a police or peace officer's vehicle will provide
for greater accountability and transparency in the legal process. The
establishment of statewide uniform regulations and rules will provide
the public with confidence that the materials recorded by police and
peace officers will be appropriately preserved and available for use in
the judicial process.
 
LEGISLATIVE HISTORY:
S727-B of 2021-22: Committed to Rules.
S3139 of 2019-20: Referred to Judiciary.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S2305: 3101 civil practice law, 245.20 criminal procedure law, 245.20(1) criminal procedure law