Requires law enforcement agencies to store physical or other evidence it maintains within fireproof containers or within a fireproof storage area; requires law enforcement agencies to document and photograph evidence before it is stored in a fireproof container or storage area; requires that such documents and photographs be stored in a different location.
Summary
This bill would amend the New York Executive Law to require every law enforcement agency to store all physical or other evidence in a fireproof container or fireproof storage area. The storage area would have to be located in a state-of-the-art facility using modern and advanced technology.
Before evidence is placed into the required fireproof storage, the agency would have to photograph and document it, and keep those photographs and records in a separate location from the evidence itself. The bill applies broadly to police agencies and departments of the state and its political subdivisions, including sheriff’s departments and other agencies with police forces.
Impact
The bill would create a new statewide evidence-storage mandate for law enforcement agencies, adding a new section 837-y to the Executive Law. It would impose operational and facility requirements on police departments and sheriff’s offices, likely requiring upgrades to evidence rooms, storage protocols, and recordkeeping practices. The bill also establishes a separation requirement between physical evidence and its photographic/documentary record, which could affect chain-of-custody procedures and evidence management policies.
Sentiment
The available voting history suggests generally favorable committee support, with the Assembly Codes Committee voting 14-6 to refer the bill to Ways and Means. No committee transcript is available, so there is no recorded debate to indicate detailed support or opposition arguments. The vote pattern suggests the proposal had meaningful backing, though not unanimous agreement.
Contention
The main likely points of contention are the cost and feasibility of compliance. Opponents may be concerned that requiring fireproof storage, advanced facility standards, and separate documentation storage would impose significant expenses on local police departments and sheriffs, especially smaller agencies. Supporters are likely focused on evidence preservation, fire safety, and reducing the risk of loss or destruction of evidence, but no transcript is available to identify specific arguments or sponsors’ responses.
Same As
Requires law enforcement agencies to store physical or other evidence it maintains within fireproof containers or within a fireproof storage area; requires law enforcement agencies to document and photograph evidence before it is stored in a fireproof container or storage area; requires that such documents and photographs be stored in a different location.