Bill Text: NY S08910 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the disclosure of law enforcement personnel records; provides that law enforcement personnel records shall be considered confidential and not subject to inspection or review without the express written consent of such law enforcement officers except as mandated by lawful court order.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-27 - REFERRED TO CODES [S08910 Detail]

Download: New_York-2023-S08910-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8910

                    IN SENATE

                                     March 27, 2024
                                       ___________

        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the civil rights law, in relation to the  disclosure  of
          law enforcement personnel records; and to repeal certain provisions of
          the public officers law related thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  50-a to read as follows:
     3    §  50-a.  Personnel  records  of  police  officers,  firefighters  and
     4  correction officers. 1. All personnel records used to evaluate  perform-
     5  ance  toward continued employment or promotion, under the control of any
     6  police agency or department of the state or  any  political  subdivision
     7  thereof  including  authorities or agencies maintaining police forces of
     8  individuals defined as police officers in section 1.20 of  the  criminal
     9  procedure  law  and  such personnel records under the control of a sher-
    10  iff's department or a department of correction of  individuals  employed
    11  as correction officers and such personnel records under the control of a
    12  paid fire department or force of individuals employed as firefighters or
    13  firefighter/paramedics  and  such personnel records under the control of
    14  the department of corrections and community supervision for  individuals
    15  defined  as  peace  officers  pursuant  to subdivisions twenty-three and
    16  twenty-three-a of section 2.10 of the criminal procedure  law  and  such
    17  personnel  records under the control of a probation department for indi-
    18  viduals defined as peace officers pursuant to subdivision twenty-four of
    19  section 2.10 of the criminal procedure law shall be considered confiden-
    20  tial and not subject to inspection or review without the express written
    21  consent of  such  police  officer,  firefighter,  firefighter/paramedic,
    22  correction officer or peace officer within the department of corrections
    23  and  community  supervision  or  probation  department  except as may be
    24  mandated by lawful court order.
    25    2. Prior to issuing such court order the judge must  review  all  such
    26  requests  and  give  interested  parties the opportunity to be heard. No

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15025-01-4
        S. 8910                             2

     1  such order shall issue without a clear showing of  facts  sufficient  to
     2  warrant the judge to request records for review.
     3    3.  If,  after such hearing, the judge concludes there is a sufficient
     4  basis he shall sign an order requiring that  the  personnel  records  in
     5  question  be  sealed  and sent directly to him. He shall then review the
     6  file and make a determination as to whether the records are relevant and
     7  material in the action before him. Upon such a finding the  court  shall
     8  make  those parts of the record found to be relevant and material avail-
     9  able to the persons so requesting.
    10    4. The provisions of this section shall  not  apply  to  any  district
    11  attorney  or  his  assistants,  the  attorney general or his deputies or
    12  assistants, a county attorney or his deputies or  assistants,  a  corpo-
    13  ration  counsel  or  his  deputies or assistants, a town attorney or his
    14  deputies or assistants, a village attorney or his  deputies  or  assist-
    15  ants,  a  grand  jury,  or  any  agency of government which requires the
    16  records described in subdivision one of this section, in the furtherance
    17  of their official functions.
    18    § 2. Subdivisions 6, 7, 8 and 9 of section 86 of the  public  officers
    19  law are REPEALED.
    20    § 3. Subdivisions 4-a and 4-b of section 87 of the public officers law
    21  are REPEALED.
    22    § 4. Subdivisions 2-b and 2-c of section 89 of the public officers law
    23  are REPEALED.
    24    § 5. This act shall take effect immediately.