Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that authorizes individuals who are not being arrested to record activities by law enforcement officers.

Highlights:

• Specifies that a person who is not under arrest or in the custody of a law enforcement official has the right to record law enforcement activity and to maintain custody and control of that recording (Sec. 1).

• Defines “record” as to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device, or by way of written notes or observations (Sec. 1).

• Establishes a claim of unlawful interference with recording a law enforcement activity when a person demonstrates that they exercised the right to record a law enforcement activity and an officer acted to interfere with that person’s recording by (Sec. 1):

• Intentionally preventing or attempting to prevent that person from recording law enforcement activity; 

• Threatening that person for recording a law enforcement activity; 

• Commanding that the person cease recording the activity when they were nevertheless authorized by law to record; 

• Stopping, seizing, searching, ticketing, orattesting that person because they were recording activity; or 

• Unlawfully seizing property or instruments used by that person to record activity.

Full Bill Text

Full Bill Text