Bill Text: NY A01421 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the civil rights law, in relation to the availability of certain personnel records of police officers

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A01421 Detail]

Download: New_York-2009-A01421-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1421
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. WRIGHT, GANTT -- Multi-Sponsored by -- M. of A.
         JEFFRIES -- read once and referred to the  Committee  on  Governmental
         Operations
       AN ACT to amend the civil rights law, in relation to the availability of
         certain personnel records of police officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The section heading and subdivision 1 of  section  50-a  of
    2  the  civil  rights law, the section heading as amended by chapter 757 of
    3  the laws of 1986 and subdivision 1 as amended by chapter 137 of the laws
    4  of 2002, are amended to read as follows:
    5    Personnel records of [police officers,]  firefighters  and  correction
    6  officers.  1. All personnel records, used to evaluate performance toward
    7  continued  employment  or  promotion,  under  the control of [any police
    8  agency or department of the state or any political  subdivision  thereof
    9  including  authorities or agencies maintaining police forces of individ-
   10  uals defined as police officers in section 1.20 of the  criminal  proce-
   11  dure  law  and  such  personnel records under the control of a sheriff's
   12  department or] a department of correction  of  individuals  employed  as
   13  correction  officers  and  such personnel records under the control of a
   14  paid fire department or force of individuals employed as firefighters or
   15  firefighter/paramedics and such personnel records under the  control  of
   16  the  division of parole for individuals defined as peace officers pursu-
   17  ant to subdivisions twenty-three and twenty-three-a of section  2.10  of
   18  the  criminal  procedure  law  shall  be considered confidential and not
   19  subject to inspection or review without the express written  consent  of
   20  such  [police  officer,]  firefighter, firefighter/paramedic, correction
   21  officer or peace officer within the division of parole except as may  be
   22  mandated by lawful court order.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00132-01-9