§ 79-P — Recording certain activities

* § 79-p. Recording certain activities. 1. Definitions. For purposes\nof this section, the following terms shall have the following meanings:\n (a) "Officer" means any peace officer, police officer, security\nofficer, security guard or similar official who is engaged in a law\nenforcement activity;\n (b) "Law enforcement activity" means any activity by an officer acting\nunder the color of law; and\n (c) "Record" means to capture or attempt to capture any moving or\nstill image, sound, or impression through the use of any recording\ndevice, camera, or any other device capable of capturing audio, moving\nor still images, or by way of written notes or observations.\n 2. Right to record law enforcement related activities. A person not\nunder arrest or in the custody of a law enforcement official has the\nright to record law enforcement activity and to maintain custody and\ncontrol of that recording and of any property or instruments used by\nthat person to record law enforcement activities, provided, however,\nthat a person in custody or under arrest does not, by that status alone,\nforfeit the right to have any such recordings, property and equipment\nmaintained and returned to him or her. Nothing in this subdivision shall\nbe construed to permit a person to engage in actions that physically\ninterfere with law enforcement activity or otherwise constitute a crime\ndefined in the penal law involving obstructing governmental\nadministration.\n 3. Private right of action. (a) A claim of unlawful interference with\nrecording a law enforcement activity is established under this section\nwhen a person demonstrates that he or she exercised or attempted to\nexercise the right established in subdivision two of this section to\nrecord a law enforcement activity and an officer acted to interfere with\nthat person's recording of a law enforcement activity, including but not\nlimited to, by:\n (i) intentionally preventing or attempting to prevent that person from\nrecording law enforcement activity;\n (ii) threatening that person for recording a law enforcement activity;\n (iii) commanding that the person cease recording law enforcement\nactivity when the person was nevertheless authorized under law to\nrecord;\n (iv) stopping, seizing, searching, ticketing or arresting that person\nbecause that person recorded a law enforcement activity; or\n (v) unlawfully seizing property or instruments used by that person to\nrecord a law enforcement activity, unlawfully destroying, or seizing a\nrecorded image or recorded images of a law enforcement activity, or\ncopying such a recording of a law enforcement activity without consent\nof the person who recorded it or approval from an appropriate court.\n (b) It shall be an affirmative defense to a civil action under\nsubparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision\nthat at the time of such conduct by an officer, such officer had\nprobable cause to arrest the person recording such a law enforcement\nactivity for a crime defined in the penal law involving obstructing\ngovernmental administration.\n (c) A person subject to unlawful interference with recording law\nenforcement activities as described in paragraph (a) of this subdivision\nmay bring an action for any violation of this section in any court of\ncompetent jurisdiction for damages, including punitive damages, for\ndeclaratory and injunctive relief, and such other remedies as the court\nmay deem appropriate.\n (d) In any action or proceeding brought pursuant to this section, the\ncourt may allow a prevailing plaintiff reasonable attorney's fees and\nexpert fees as a part of the costs which may be recovered.\n (e) Any action or proceeding brought pursuant to this section shall be\ncommenced no later than three years after the date on which the\nviolation of this section is committed.\n 4. Preservation of rights. This section shall be in addition to all\nrights, procedures, and remedies available under the United States\nConstitution, 42 USC 1983, the constitution of the state of New York and\nall other federal law, state law, law of the city of New York or the\nadministrative code of the city of New York, and all other civil\nremedies, including monetary damages, created by statute, ordinance,\nregulation or common law.\n * NB There are 2 § 79-p's\n