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ASSEMBLY STANDING COMMITTEE ON CODES ASSEMBLY STANDING COMMITTEE ON JUDICIARY ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS NOTICE OF PUBLIC HEARING SUBJECT: Use of body-worn cameras by law enforcement officials. PURPOSE: To examine the feasibility and effectiveness of body cameras worn by law enforcement officials. NEW YORK CITY Tuesday, December 8th, 2015 10:30 A.M. Assembly Hearing Room 1923, 19th floor 250 Broadway, New York, NY ORAL TESTIMONY BY INVITATION ONLY The Assembly has advanced legislation for many years to encourage greater cooperation among law enforcement agencies and the communities they serve, better protect the police, and ensure equal treatment of all persons under the law. Improved policing requires the trust of the community. Recent events have raised concerns, shaken the confidence of both communities and law enforcement, and led to calls for reform. One such reform that has been embraced by some advocates and law enforcement entities is the use of body-worn cameras by police. Traditionally, the only way for the public to see video evidence concerning the conduct of its police force has been if an officer or a third party recorded the event. Given recent technological advances, however, it is now feasible for police to be equipped with video cameras in such a way as to not be an impediment to law enforcement activities. These are typically referred to as body-worn cameras which can capture moving images and store them on digital media. Several studies suggest that the use of body-worn cameras by police can provide transparency for the public, protection for police officers and increase public safety. It has been posited that criminal and other wrongful conduct may be diminished if such actions are recorded and preserved. There have also been various efforts to expand the use of body-worn cameras. In 2013, a federal judge ordered the to test body-worn cameras for one year in five precincts as a way of evaluating the effectiveness of this technology in curbing potentially unconstitutional stop-and frisk interactions. Further, the White House has announced plans to invest $75 million over the next three years to purchase 50,000 body-worn cameras for law enforcement agencies across the country. Further, the fiscal year 2015-2016 state budget included funding for equipment purchases by local police agencies in high crime areas, including funding for new and replacement body-worn cameras.

The issue of whether body-worn cameras should be utilized in this way is not a simple one. Collateral issues are raised by the prospect of having police officers wear cameras, including privacy concerns, data retention and disclosure, and the effects of recording on community-police relations. As police departments across the state and country begin to experiment with body-worn cameras for law enforcement officers, it is important to examine these issues and any related concerns. Therefore, this hearing will examine the effectiveness and feasibility of body-worn cameras by law enforcement officials. Oral testimony will be accepted by invitation only and limited to TEN (10) minutes duration. In preparing the order of witnesses, the Committees will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to Committee staff as early as possible. Twenty (20) copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements. In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities. JOSEPH LENTOL Committee on Codes HELENE WEINSTEIN Committee on Judiciary CRYSTAL PEOPLES-STOKES Committee on Governmental Operations

ASSEMBLY STANDING COMMITTEE ON CODES ASSEMBLY STANDING COMMITTEE ON JUDICIARY ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS Use of body-worn cameras by law enforcement officials Tuesday, December 8, 2015 10:30 A.M. New York State Assembly Hearing Room 250 Broadway, Room 1923 New York, New York WITNESS LIST Philip K. Eure Inspector General Office of the Inspector General for the, New York City Department of Investigation Edward Thompson Deputy Chief Josephine Cornier Captain Joseph Freer Sergeant Letitia James New York City Public Advocate Kristin O Neill Assistant Director, New York State Committee on Open Government New York Department of State

Gerald F. Mollen President District Attorney s Association of the State of New York Ian Head Legal Worker Center for Constitutional Rights Johanna Miller Director of Advocacy New York Civil Liberties Union Michael Price Counsel, Liberty and National Security Program Brennan Center for Justice John Aresta Chief of Police, Malverne Police Department 3rd Vice President, New York State Association of Chiefs of Police Barry Virts Sheriff, Wayne County 3rd Vice President, New York State Sheriffs Association Verónica Bayetti Flores Steering Committee Member Communities United for Police Reform Alice Fontier Vice President New York State Association of Criminal Defense Lawyers Sarah Lustbader Staff Attorney The Bronx Defenders William D. Gibney Director, Special Litigation Unit The Legal Aid Society Cynthia H. Conti-Cook Staff Attorney, Special Litigation Unit The Legal Aid Society

Paul MacMillan Regional Program Manager Commission on Accreditation for Law Enforcement Agencies