BILL NUMBER: S8435
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the general municipal law, in relation to retaining
certain security recordings for a minimum period of fifteen months
 
PURPOSE:
This bill will ensure that local governments that operate public securi-
ty cameras in public spaces, or that record interactions between public
officials and members of the public in connection with the operation of
a police department, fire department, ambulance or healthcare service,
retain and not overwrite recordings made by such cameras for the longer
of either fifteen months or, upon having notice of a legal claim, the
end of the litigation. It also ensures that officials responsible for
requests under the Freedom of Information Law have access to such
recordings.
 
SUMMARY OF PROVISIONS:
Section one of the bill entitles this bill the Safekeeping And Access To
Video Evidence (SAVE) Act.
Section two creates a new section 54 of Article 4 of the General Munici-
pal Law. Section three provides the effective date.
 
JUSTIFICATION:
Local governments across this state choose to operate public security
cameras that make security recordings in public areas and/or record
interactions between public officials and members of the public in
connection with the operation of a police department, fire department,
ambulance or healthcare service. Despite a drastic reduction in the cost
of storing and protecting such recordings (given, among other things,
modern digital cameras and cloud-storage capability), many local govern-
ments quickly overwrite such recordings as a matter of course or, in
some cases, deliberately delete such recordings.
Yet, these recordings can provide critical evidence to Support criminal
investigations and civil lawsuits involving victims of assaults and
accidents, and to resolve lawsuits brought by or against local govern-
ments. Indeed, clear video evidence helps resolve such disputes quickly,
reducing the need for prolonged legal battles and ensuring that justice
is served efficiently.
Retaining recordings can also provide experts and officials with data
necessary to analyze and improve crime prevention methods, traffic safe-
ty, and interactions between the public and local officials. For these
reasons, it is reasonable to require local governments to securely save
and not overwrite these recordings for a reasonable amount of time. In
civil cases, a victim generally must file a civil lawsuit against a
local government fifteen months from the date of being injured. The bill
therefore sets the minimum amount of a time a local government must
retain and not overwrite such recordings for the longer of either
fifteen months or, upon having notice of a legal claim, the end of the
litigation.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.