Bill Text: NY A00768 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 768 (Prior Session Legislation)

Introduced

Bill Title: Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records if those records relate to an officer who was involved in a police shooting or police misconduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A00768 Detail]

Download: New_York-2011-A00768-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          768
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the civil rights law, in relation to civilian  complaint
         review boards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 50-a of the civil rights  law,  as
    2  amended  by  chapter  137  of  the  laws  of 2002, is amended to read as
    3  follows:
    4    1. All personnel records, used to evaluate performance toward  contin-
    5  ued  employment  or promotion, under the control of any police agency or
    6  department of the state or any political subdivision  thereof  including
    7  authorities or agencies maintaining police forces of individuals defined
    8  as  police  officers  in  section 1.20 of the criminal procedure law and
    9  such personnel records under the control of a sheriff's department or  a
   10  department  of correction of individuals employed as correction officers
   11  and such personnel records under the control of a paid  fire  department
   12  or    force    of    individuals    employed    as    firefighters    or
   13  firefighter/paramedics and such personnel records under the  control  of
   14  the  division of parole for individuals defined as peace officers pursu-
   15  ant to subdivisions twenty-three and twenty-three-a of section  2.10  of
   16  the  criminal  procedure  law  shall  be considered confidential and not
   17  subject to inspection or review without the express written  consent  of
   18  such  police  officer,  firefighter,  firefighter/paramedic,  correction
   19  officer or peace officer within the division of parole except as may  be
   20  mandated  by  lawful court order, AND EXCEPT THAT A MEMBER OF A CIVILIAN
   21  COMPLAINT REVIEW BOARD THAT  IS  RESPONSIBLE  FOR  INVESTIGATING  POLICE
   22  MISCONDUCT  MAY PETITION THE COURT FOR AN ORDER PERMITTING DISCLOSURE OF
   23  ALL PERSONNEL RECORDS IF THOSE RECORDS RELATE  TO  AN  OFFICER  WHO  WAS
   24  INVOLVED IN A POLICE SHOOTING OR POLICE MISCONDUCT.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01616-01-1