N.Y. Civil Rights Law § 79-p: Recording certain activities

* § 79-p. Recording certain activities. 1. Definitions. For purposes

of this section, the following terms shall have the following meanings:

(a) "Officer" means any peace officer, police officer, security

officer, security guard or similar official who is engaged in a law

enforcement activity;

(b) "Law enforcement activity" means any activity by an officer acting

under the color of law; and

(c) "Record" means 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 capable of capturing audio, moving

or still images, or by way of written notes or observations.

2. Right to record law enforcement related activities. A person 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 and of any property or instruments used by

that person to record law enforcement activities, provided, however,

that a person in custody or under arrest does not, by that status alone,

forfeit the right to have any such recordings, property and equipment

maintained and returned to him or her. Nothing in this subdivision shall

be construed to permit a person to engage in actions that physically

interfere with law enforcement activity or otherwise constitute a crime

defined in the penal law involving obstructing governmental

administration.

3. Private right of action. (a) A claim of unlawful interference with

recording a law enforcement activity is established under this section

when a person demonstrates that he or she exercised or attempted to

exercise the right established in subdivision two of this section to

record a law enforcement activity and an officer acted to interfere with

that person's recording of a law enforcement activity, including but not

limited to, by:

(i) intentionally preventing or attempting to prevent that person from

recording law enforcement activity;

(ii) threatening that person for recording a law enforcement activity;

(iii) commanding that the person cease recording law enforcement

activity when the person was nevertheless authorized under law to

record;

(iv) stopping, seizing, searching, ticketing or arresting that person

because that person recorded a law enforcement activity; or

(v) unlawfully seizing property or instruments used by that person to

record a law enforcement activity, unlawfully destroying, or seizing a

recorded image or recorded images of a law enforcement activity, or

copying such a recording of a law enforcement activity without consent

of the person who recorded it or approval from an appropriate court.

(b) It shall be an affirmative defense to a civil action under

subparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision

that at the time of such conduct by an officer, such officer had

probable cause to arrest the person recording such a law enforcement

activity for a crime defined in the penal law involving obstructing

governmental administration.

(c) A person subject to unlawful interference with recording law

enforcement activities as described in paragraph (a) of this subdivision

may bring an action for any violation of this section in any court of

competent jurisdiction for damages, including punitive damages, for

declaratory and injunctive relief, and such other remedies as the court

may deem appropriate.

(d) In any action or proceeding brought pursuant to this section, the

court may allow a prevailing plaintiff reasonable attorney's fees and

expert fees as a part of the costs which may be recovered.

(e) Any action or proceeding brought pursuant to this section shall be

commenced no later than three years after the date on which the

violation of this section is committed.

4. Preservation of rights. This section shall be in addition to all

rights, procedures, and remedies available under the United States

Constitution, 42 USC 1983, the constitution of the state of New York and

all other federal law, state law, law of the city of New York or the

administrative code of the city of New York, and all other civil

remedies, including monetary damages, created by statute, ordinance,

regulation or common law.

* NB There are 2 § 79-p's