New York Assembly Bill A04028 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4028 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to requiring the disclo- sure of video footage related to the death of an incarcerated individ- ual involving a correctional officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds and declares that 2 transparency and accountability in correctional facilities are essential 3 to maintaining public trust. This act seeks to promote accountability 4 and deter misconduct by requiring the timely disclosure of video footage 5 related to the death of incarcerated individuals involving correctional 6 officers to the attorney general's office of special investigations. 7 § 2. The correction law is amended by adding a new section 22-b to 8 read as follows: 9 § 22-b. Disclosure of video footage related to the death of incarcer- 10 ated individuals involving correctional officers. 1. Definitions. As 11 used in this section, the following terms shall have the following mean- 12 ings: 13 (a) "Correctional facility" shall mean any facility operated by the 14 department, a local correctional facility as defined in subdivision 15 sixteen of section two of this chapter, including but not limited to 16 Rikers Island. 17 (b) "Video footage" shall include, but not be limited to, recordings 18 from fixed cameras, body-worn cameras, handheld devices, or any other 19 recording equipment maintained or used by correctional staff within 20 correctional facilities. 21 2. Duty to disclose. The department and any local correctional facili- 22 ty shall disclose to the attorney general's office of special investi- 23 gation any video footage that such office deems to be related to the 24 death of an incarcerated individual. This shall include any case in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04536-02-5 
 A. 4028 2 1 which the attorney general's office of special investigation determines 2 the death involves a correctional officer. 3 3. Timeframe for disclosure. Such video footage shall be disclosed 4 within seventy-two hours of the occurrence of the death. 5 4. Redactions and exceptions. (a) No redactions shall be made to the 6 video footage before it is disclosed to the attorney general's office of 7 special investigation. The attorney general's office of special investi- 8 gation shall maintain the confidentiality of all video footage and will 9 determine redactions pursuant to its published video release policy. 10 (b) Disclosure may be delayed only if the attorney general's office of 11 special investigation certifies that such disclosure would compromise an 12 ongoing criminal investigation or prosecution. Such delay shall not 13 exceed ninety days without additional certification. 14 § 3. This act shall take effect immediately.