- By New York State Governor's Office
- News
Governor Andrew M. Cuomo signed legislation (S.3253-A/A.1360) Sunday - the 'New Yorker's Right to Monitor Act' - affirming the right of an individual to record law enforcement activity and to maintain custody of that recording and any instruments used to make the recording.
"Transparency is critical to renewing the community's trust and confidence in our policing systems," Cuomo said. "Stopping police abuse vindicates the overwhelming majority - 99.9 percent - of police who are there to do the right thing, and by making clear that all New Yorkers have the right to record and keep recordings of police activity we can help restore trust in the police-community relationship."
On Monday Cuomo signed legislation requiring state and local law enforcement officers to report within six hours when they discharge their weapon (S.2575-B/A.10608); requiring courts to compile and publish racial and other demographic data of all low-level offenses (S.1830-C/A.10609); and requiring police officers to provide medical and mental health attention to individuals in custody (S.6601-A/A.8226).
The Police Statistics and Transparency Act - or STAT Act - (S.1830-C/A.10609) requires courts to compile and publish racial and other demographic data of all low-level offenses, including misdemeanors and violations. The data collected must be made available online and updated monthly. The new law also requires police departments to report any arrest-related death to the Department of Criminal Justice Services and to submit annual reports on arrest-related deaths to the Governor and the Legislature.
The new Weapons Discharge Reporting (S.2575-B/A.10608) law requires that any law enforcement officer or peace officer who discharges their weapon, while on or off duty, where a person could be struck by a bullet from the weapon is required to verbally report the incident to his or her supervisor within six hours and prepare and file a written report within 48 hours of the incident.
A new Providing Medical and Mental Health Attention to Individuals in Custody (S.6601-A/A.8226) law requires police officers, peace officers and other law enforcement representatives and entities to provide medical and mental health attention to any individual in custody. Police can be liable for damages for anyone who does not receive medical attention and suffers a serious physical injury or has their injury exacerbated by the lack of care.
On Tuesday Cuomo signed legislation requiring all New York State Police officers to wear body cameras while on patrol (S.8493/A.8674); and creating the Law Enforcement Misconduct Investigative Office (S.3595-C/A.10002).
"The relationship between law enforcement and the communities they serve isn't working," Governor Cuomo said. "New York is the progressive capital of the nation, and we are leading the way by enacting real reforms to increase transparency in policing, promote accountability among our law enforcement agencies and ultimately mend that frayed relationship between the police and the community."
This new law requires all New York State Police patrol officers to use body-worn cameras while on patrol to record immediately before an officer exits a patrol vehicle to interact with a person or situation; all uses of force; all arrests and summonses; all interactions with individuals suspected of criminal activity; all searches of persons and property; any call to a crime in progress; investigative actions involving interactions with members of the public; any interaction with an emotionally disturbed person; and any instances where an officer feels any imminent danger or the need to document their time on duty. The law also requires law enforcement to keep video records of all these interactions.
Another law creates the Law Enforcement Misconduct Investigative Office (S.3595-C/A.10002) law, which establishes the independent Law Enforcement Misconduct Investigative Office within the Department of Law to review, study, audit and make recommendations to police agencies in the State with the goal of enhancing the effectiveness of law enforcement; increasing public safety; protecting civil liberties and civil rights; ensuring compliance with constitutional protections and local, state and federal laws; and increasing the public's confidence in law enforcement.
The Office will also handle misconduct complaints statewide about any local law enforcement agencies. Unlike the Special Prosecutor, which is triggered only upon a law enforcement related death, this will allow for an independent review of complaints of misconduct for any local law enforcement agency. For state police agencies, the State Inspector General and the MTA Inspector General and Port Authority Inspector General have their jurisdiction expanded to receive complaints of law enforcement misconduct.
v16i25