A high-ranking Senate Democrat wants to keep police band radio signals available to the press and public.

Sen. Michael Gianaris, D-Astoria and Senate deputy majority leader, has introduced the Keep Police Radio Public ACt (S.7795) to amend the state Executive Law to stipulate police agencies in New York that choose to encrypt their radio communications must establish a written policy allowing duly authorized members of the press and emergency services organizations real-time access to the communications, and no more than a 10-minute delay for members of the public.

Gianaris said the New York City Police Department, Nassau County Police Department and other departments across New York state are moving towards encrypted radios. Most traditional police scanners won’t work when those changes occur, which Gianaris said will mean the public loses free access. There are websites and phone apps that broadcast police scanner frequencies, but those require internet access or a smart phone.

“Preserving access to law enforcement radio is critical for a free press, use by violence interrupters, and the freedoms and protections afforded by the public availability of this information,” Gianaris said. “As encrypted radio usage grows, my legislation would strike the proper balance between legitimate enforcement needs and the rights and interests of New Yorkers.”

Gianaris said encrypting police scanner transmissions prevents the public from having access to important information about police activity and makes it harder for news organizations to track and report on police actions. Gianaris said it is important for public access to be protected, though his legislation attempts to provide a balance by allowing police to protect sensitive communications by allowing a 10-minute lag time in streaming the broadcasts to the public.

Passing Gianaris’ legislation doesn’t necessarily mean the all police radio transmissions will suddenly reappear. The New York senator cited Colorado’s 2021 passage of House Bill 21-1250, but the Jeffrey Roberts, executive director of the Colorado Freedom of Information Coalition, wrote in August 2022 that a year after the bill was signed into law most reporters still couldn’t tune into Denver and Aurora police radio transmissions like they did in past years. Encrypting police band radio has been justified by law enforcement as necessary to keep officers safe. News agencies in Colorado, however, say they too often have to rely on police agencies for news releases because they can’t get to emergency scenes quickly enough to adequately cover them.

Gianaris said he wants to pass his legislation before too many New York police agencies encrypt their radios. If a department moves to encrypt its radio, it must also develop a written policy for granting real-time access to duly authorized media organizations, as well as emergency service organizations that rely on the transmissions. The bill would also ensure that the public at large can continue to listen to police radio with no more than a ten-minute delay in streaming.