BILL NUMBER: S416
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "keep
police radio public act"
 
PURPOSE:
To ensure that professional journalists and emergency services organiza-
tions maintain real-time access to law enforcement radio communications.
 
SUMMARY OF PROVISIONS:
Section one of the bill is the title.
Section two of the bill amends the executive law by adding a new § 222-a
which defines relevant terms, and states that any law enforcement agency
in the state that chooses to encrypt its radio communications shall
ensure that members of the press and emergency services organizations
maintain real-time access to the communications.
Section three of the bill sets the effective date.
 
JUSTIFICATION:
Across the nation, law enforcement agencies have slowly begun encrypting
their radio transmissions. This move not only prevents the public from
having access to important information about police activity, but
dangerously inhibits news organizations from tracking and reporting on
police actions. The public has a right to transparency of its law
enforcement agencies. Though agencies may need to at times protect
sensitive information that may be conveyed over the course of these
communications, a balance can be struck.
This bill responds to the recent uptick in police radio encryptions by
requiring law enforcement agencies that encrypt any part of their radio
communications to continue granting real-time access to members of the
press and emergency services organizations, with an exception made for
communications containing sensitive information. Similar initiatives to
keep police radio transmissions public have been proposed in two states,
California and Illinois, and 4 enacted in Colorado.
 
LEGISLATIVE HISTORY:
2024: 57759-A (Gianaris) PASSED SENATE / A9728-A (Reyes) died in gov ops
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.