Bill Text: NY A10580 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to police officer and peace officer hiring and transfers and requires police agencies review any possible internal files of police misconduct and complaints as well as pending criminal charges before hiring or allowing for a transfer.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2020-06-04 - referred to governmental operations [A10580 Detail]

Download: New_York-2019-A10580-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10580

                   IN ASSEMBLY

                                      June 4, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Hyndman,
          Barnwell, Epstein, Fernandez, Galef, Bichotte, Ortiz, Williams, Simon,
          Darling, Hunter) -- read once and referred to the Committee on Govern-
          mental Operations

        AN ACT to amend the executive law and the civil rights law, in  relation
          to police officer and peace officer hiring and transfers

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

     1    Section 1. The executive law is amended by adding a new section  845-e
     2  to read as follows:
     3    §  845-e.  Police  officer and peace officer hiring and transfers.  1.
     4  Police agencies shall thoroughly examine any possible internal files  of
     5  police  misconduct  and complaints before recruiting a police officer or
     6  peace officer on a lateral transfer from another police agency,  from  a
     7  police  department  from  any  state  or American territory, or as a new
     8  recruit.
     9    2. No police agency shall recruit, hire, allow to enroll, or allow  to
    10  transfer  any  police  officer  or  peace officer where such officer was
    11  fired, relieved of his or her duty, or resigned as a result of:
    12    (a) police misconduct;
    13    (b) off-duty misconduct;
    14    (c) an investigation for any kind of police  misconduct  and  off-duty
    15  misconduct; or
    16    (d) a misdemeanor or felony charge.
    17    § 2. Subdivision 1 of section 50-a of the civil rights law, as amended
    18  by chapter 516 of the laws of 2014, is amended to read as follows:
    19    1. All personnel records used to evaluate performance toward continued
    20  employment  or  promotion,  under  the  control  of any police agency or
    21  department of the state or any political subdivision  thereof  including
    22  authorities or agencies maintaining police forces of individuals defined
    23  as  police  officers  in  section 1.20 of the criminal procedure law and
    24  such personnel records under the control of a sheriff's department or  a
    25  department  of correction of individuals employed as correction officers
    26  and such personnel records under the control of a paid  fire  department

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16573-01-0
        A. 10580                            2

     1  or    force    of    individuals    employed    as    firefighters    or
     2  firefighter/paramedics and such personnel records under the  control  of
     3  the  department of corrections and community supervision for individuals
     4  defined  as  peace  officers  pursuant  to subdivisions twenty-three and
     5  twenty-three-a of section 2.10 of the criminal procedure  law  and  such
     6  personnel  records under the control of a probation department for indi-
     7  viduals defined as peace officers pursuant to subdivision twenty-four of
     8  section 2.10 of the criminal procedure law shall be considered confiden-
     9  tial and not subject to inspection or review without the express written
    10  consent of  such  police  officer,  firefighter,  firefighter/paramedic,
    11  correction officer or peace officer within the department of corrections
    12  and  community  supervision  or  probation  department  except as may be
    13  mandated by lawful court order or upon request from a police  agency  or
    14  department  of  the state or any political subdivision thereof including
    15  authorities or agencies maintaining police forces of individuals defined
    16  as police officers in section 1.20 of the criminal procedure  law  which
    17  is required to review such personnel records under section eight hundred
    18  forty-five-e of the executive law.
    19    § 3. This act shall take effect immediately.