BILL NUMBER: S10079
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "police
radio transparency act"
 
PURPOSE:
To allow for professional journalists, newscasters, and individuals
employed by emergency services the ability to monitor police radio
communications in real time with the exception of sensitive information.
 
SUMMARY OF PROVISIONS:
Section one of this act provides the short title, which may be cited as
the "police radio transparency act."
Section two of this act amends the executive law by adding a new section
222-a.
Subdivision one of this bill defines the following terms: emergency
service organizations, encryption, law enforcement agency, professional
journalist, newscaster, newsgathering organization, radio communi-
cations, and sensitive information.
Subdivision two of this bill provides that law enforcement agencies that
encrypt their radio communications shall ensure that eligible profes-
sional journalists, newscasters and individuals employed by emergency
services can monitor such communications in real time, with the excep-
tion of sensitive information.
Subdivision three of this bill requires the department of state to
promulgate rules and regulations to allow professional journalists,
newscasters, and individuals employed by emergency service organizations
to apply for the ability to monitor police radio communications in real
time.
Subdivision four of this bill provides a savings clause applicable to
New York City. Section three of this bill relates to 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 trans-
missions public have been proposed in two states, California and Illi-
nois, and 4 enacted in Colorado.
 
LEGISLATIVE HISTORY:
2025: 416 (Gianaris) PASSED Senate/ A03516 (Reyes) PASSED Assembly /
vetoed by the Governor
2024: S7759-A (Gianaris) PASSED SENATE / A9728-A (Reyes) died in gov ops
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law.