2021 New York Laws
EXC - Executive
Article 11 - Division of State Police
234 - New York State Police Body-Worn Cameras Program.

§  234.  New  York state police body-worn cameras program. 1. There is
hereby created within the division of state  police  a  New  York  state
police  body-worn  cameras  program.  The  purpose  of the program is to
increase  accountability  and  evidence  for  law  enforcement  and  the
residents  of  the  state  by  providing  body-worn cameras to all state
police officers while on patrol.
  2. The division of state police shall provide body-worn cameras, to be
worn by officers at all times,  while  on  patrol.  Such  cameras  shall
record:
  (a)  immediately  before an officer exits a patrol vehicle to interact
with a person or situation, even if there is a dash camera  inside  such
vehicle which might also be recording the interaction;
  (b)  all uses of force, including any physical aggression and use of a
non-lethal or lethal weapon;
  (c) all arrests and summonses;
  (d) all interactions with people suspected of criminal activity;
  (e) all searches of persons and property;
  (f) any call to a crime in progress;
  (g) investigative actions where there are interactions with members of
the public;
  (h) any interaction with an emotionally disturbed person; and
  (i) any instances where officers feel any imminent danger or the  need
to document their time on duty.
  3.  The  attorney  general  may  investigate  any  instance where body
cameras fail to record an event pursuant to this section.
  4. At the discretion of the officer, body-worn cameras may not record:
  (a) sensitive encounters, including but not limited to speaking with a
confidential informant, or conducting a strip search; or
  (b) when a member of the public asks such  officer  to  turn  off  the
camera;  provided, however, such officer may continue recording if he or
she thinks a record of that interaction should be generated.
  5. The division of state police  shall  preserve  recordings  of  such
body-worn  cameras  and  perform  all  upkeep  on equipment used in such
body-worn cameras. Such duties shall include:
  (a) creating a secure record of all instances where there is  recorded
video or audio footage;
  (b)  ensuring  officers  have  sufficient  storage  capacity  on their
cameras to allow for the recording  of  interactions  required  by  this
section; and
  (c)  ensuring  officers  have  access  to  body-worn  cameras  for the
recording of instances required by this section.