Enacts the "keep police radio public act"; ensures that, except for sensitive information, all radio communications are accessible to emergency services organizations and professional journalists.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3516
SPONSOR: Reyes TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "keep
police radio public act"
PURPOSE OF BILL:
This bill ensures that emergency services organizations and members of
the press maintain real-time access to law enforcement radio communi-
cations.
SUMMARY OF SPECIFIC PROVISIONS:
Section two amends the executive law by adding a new section 222-a which
defines relevant terms, and states that any law enforcement agency in
the state that chooses to encrypt its radio communications shall ensure
that members of the press and emergency services organizations maintain
real-time access to the communications.
Section three sets the effective date.
JUSTIFICATION:
Across the nation, law enforcement agencies have slowly begun encrypting
their radio transmissions. This move not only prevents the public from
having access to important information about police activity, but
dangerously inhibits news organizations from tracking and reporting on
police actions. The public has a right to transparency of its law
enforcement agencies. Though agencies may need to at times protect
sensitive information that may be conveyed over the course of these
communications, a balance can be struck. This bill responds to the
recent uptick in police radio encryptions by requiring law enforcement
agencies that encrypt any part of their radio communications to continue
granting real-time access to members of the press and emergency services
organizations, with an exception made for communications containing
sensitive information. Similar initiatives to keep police radio trans-
missions public have been proposed in California and enacted in Colora-
do.
PRIOR LEGISLATIVE HISTORY:
2023-2024 - Amend and Recommit to Governmental Operations
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3516
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. REYES, BICHOTTE HERMELYN, CHANDLER-WATERMAN,
CUNNINGHAM, GONZALEZ-ROJAS, SHIMSKY -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the "keep
police radio public act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "keep
2 police radio public act".
3 § 2. The executive law is amended by adding a new section 222-a to
4 read as follows:
5 § 222-a. Law enforcement communications public access. 1. For the
6 purposes of this section, the following terms shall have the following
7 meanings:
8 (a) "emergency services organization" means a public or private agen-
9 cy, voluntary organization or group organized and functioning for the
10 purpose of providing fire, medical, ambulance, rescue, housing, food or
11 other services directed toward relieving human suffering, injury or loss
12 of life or damage to property as a result of an emergency, including
13 non-profit and governmentally-supported organizations, but excluding
14 governmental agencies.
15 (b) "encryption" means the encoding of voice communication on an
16 analog or digitally modulated radio carrier, which renders the communi-
17 cation difficult or impossible to be monitored by commercially available
18 radio receivers or scanners.
19 (c) "law enforcement agency" means any agency or department of any
20 municipality, any police district, or any agency, department, commis-
21 sion, authority or public benefit corporation of the state of New York
22 employing a police officer or police officers as that term is defined in
23 subdivision thirty-four of section 1.20 of the criminal procedure law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00736-01-5
A. 3516 2
1 (d) "radio communications" means verbal communications that are broad-
2 cast over a radio frequency either from a dispatch center to field
3 personnel, from field personnel to a dispatch center, or between field
4 personnel, and are accessible to all personnel monitoring that frequen-
5 cy. "Radio communications" does not include private communications
6 between two devices, such as a cellular telephone, or the transmittal of
7 data to or from a mobile data terminal, tablet, text messaging device,
8 or similar device.
9 (e) "sensitive information" means any portion of a radio communication
10 that, if disclosed, would:
11 i. deprive a person of a right to a fair trial or impartial adjudi-
12 cation;
13 ii. identify a confidential source or disclose confidential informa-
14 tion relating to a criminal investigation; and
15 iii. reveal criminal investigative techniques or procedures, except
16 routine techniques and procedures.
17 2. Any law enforcement agency in the state that encrypts any portion
18 of its radio communications shall ensure that all radio communications,
19 with the exception of sensitive information, are accessible, in real
20 time, to emergency services organizations and professional journalists
21 as defined in section seventy-nine-h of the civil rights law. In the
22 event that a law enforcement agency does encrypt radio communications
23 pursuant to this subdivision, the department of state shall, for the
24 purpose of verifying credentials, establish and administer a process for
25 granting real-time access to radio communications to emergency services
26 organizations and to professional journalists. Such a process for
27 granting access shall take no more than five business days to complete.
28 3. The department of state shall promulgate rules, regulations and
29 standards deemed necessary to implement the provisions of this section.
30 § 3. This act shall take effect on the ninetieth day after it shall
31 have become a law.
