Bill Text: NY A02727 | 2023-2024 | General Assembly | Introduced
Bill Title: Prevents unfounded complaints against police officers, peace officers, firefighters, correction officers and emergency medical service providers from being disclosed or added to such police officer, peace officer, firefighter, correction officer or emergency medical service provider's personnel record.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A02727 Detail]
Download: New_York-2023-A02727-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2727 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. J. A. GIGLIO -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to preventing unfounded complaints against police officers, peace officers, fire- fighters, correction officers and emergency medical service providers from being disclosed or added to a personnel record 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, peace officers, fire- 4 fighters, correction officers and emergency medical service providers. 5 1. For the purposes of this section, the term "personnel record" shall 6 mean all personnel records used to evaluate performance toward continued 7 employment or promotion, under the control of any police agency or 8 department of the state or any political subdivision thereof including 9 authorities or agencies maintaining police forces of individuals defined 10 as police officers in section 1.20 of the criminal procedure law and 11 such personnel records under the control of a sheriff's department or a 12 department of correction of individuals employed as correction officers 13 and such personnel records under the control of a paid fire department 14 or force of individuals employed as firefighters or 15 firefighter/paramedics and such personnel records under the control of 16 the department of corrections and community supervision for individuals 17 defined as peace officers pursuant to subdivisions twenty-three and 18 twenty-three-a of section 2.10 of the criminal procedure law and such 19 personnel records under the control of a probation department for indi- 20 viduals defined as peace officers pursuant to subdivision twenty-four of 21 section 2.10 of the criminal procedure law and such personnel records 22 under the control of an emergency medical service provider who provides 23 emergency medical service as defined in section three thousand one of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07249-01-3A. 2727 2 1 the public health law for individuals who provide emergency medical 2 services. 3 2. (a) Any part of a personnel record which contains information 4 regarding a complaint which was investigated and determined to be 5 unfounded shall be considered confidential and not subject to inspection 6 or review without the express written consent of such police officer, 7 firefighter, firefighter/paramedic, correction officer or peace officer 8 within the department of corrections and community supervision or 9 probation department, or emergency medical service provider except as 10 may be mandated by lawful court order. 11 (b) Prior to issuing such court order the judge must review all such 12 requests and give interested parties the opportunity to be heard. No 13 such order shall issue without a clear showing of facts sufficient to 14 warrant the judge to request records for review. 15 (c) If, after such hearing, the judge concludes there is a sufficient 16 basis, the judge shall sign an order requiring that the relevant portion 17 of such personnel records in question be sealed and sent directly to the 18 court. The judge shall then review the file and make a determination as 19 to whether the relevant portion of such records are relevant and materi- 20 al in such action. Upon such a finding the court shall make those parts 21 of the record found to be relevant and material available to the persons 22 so requesting. 23 3. No information regarding a complaint against a police officer, 24 peace officer, firefighter, correction officer, or emergency medical 25 service provider which was investigated and determined to be unfounded 26 shall be included in such police officer, peace officer, firefighter, 27 correction officer, or emergency medical service provider's personnel 28 record. 29 4. The provisions of this section shall not apply to any district 30 attorney or his or her assistants, the attorney general or his or her 31 deputies or assistants, a county attorney or his or her deputies or 32 assistants, a corporation counsel or his or her deputies or assistants, 33 a town attorney or his or her deputies or assistants, a village attorney 34 or his or her deputies or assistants, a grand jury, or any agency of 35 government which requires the records described in subdivision one of 36 this section, in the furtherance of their official functions. 37 § 2. This act shall take effect immediately.
