Bill Text: NY S04818 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the release of personnel records or information contained therein of first responders; allows such release upon the authorization of the subject employee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A7158 [S04818 Detail]

Download: New_York-2013-S04818-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4818
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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  personnel  records
         of police officers, firefighters and correction officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 4 of section 50-a of  the  civil  rights
    2  law,  subdivision  1  as amended by section 53 of subpart B of part C of
    3  chapter 62 of the laws of 2011 and subdivision 4 as amended  by  chapter
    4  778  of  the  laws of 1981, are amended and two new subdivisions 5 and 6
    5  are added to read as follows:
    6    1. All personnel records used to evaluate performance toward continued
    7  employment or promotion, OR INFORMATION  CONTAINED  THEREIN,  under  the
    8  control of any police agency or department of the state or any political
    9  subdivision thereof including authorities or agencies maintaining police
   10  forces  of individuals defined as police officers in section 1.20 of the
   11  criminal procedure law and such personnel records under the control of a
   12  sheriff's department  or  a  department  of  correction  of  individuals
   13  employed  as  correction  officers  and such personnel records under the
   14  control of a paid fire department or force of  individuals  employed  as
   15  firefighters  or firefighter/paramedics and such personnel records under
   16  the control of the department of corrections and  community  supervision
   17  for individuals defined as peace officers pursuant to subdivisions twen-
   18  ty-three  and  twenty-three-a  of section 2.10 of the criminal procedure
   19  law shall be considered confidential and not subject  to  inspection  or
   20  review without the express written consent of such police officer, fire-
   21  fighter,  firefighter/paramedic,  correction  officer  or  peace officer
   22  within the department of corrections and community supervision except as
   23  may be mandated by lawful court order.
   24    4. The provisions of this section shall  not  apply  to  any  district
   25  attorney  or  his  OR HER assistants, the attorney general or his OR HER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10235-01-3
       S. 4818                             2
    1  deputies or assistants, a county attorney or  his  OR  HER  deputies  or
    2  assistants,  a corporation counsel or his OR HER deputies or assistants,
    3  a town attorney or his OR HER deputies or assistants, a village attorney
    4  or  his  OR  HER  deputies or assistants, a grand jury, or any agency of
    5  government which requires the records described in  subdivision  one  OF
    6  THIS  SECTION, in the furtherance of their official functions AND PURSU-
    7  ANT TO AN OFFICIAL CRIMINAL INVESTIGATION.
    8    5. UPON RECEIPT OF A REQUEST FROM AN ENTITY FOR THE RECORDS OR  INFOR-
    9  MATION  CONTAINED  THEREIN DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
   10  ANY AGENCY SUBJECT TO THIS SECTION SHALL RELEASE SUCH RECORDS OR  INFOR-
   11  MATION  TO  THE  REQUESTING ENTITY AS SOON AS PRACTICABLE, PROVIDED THAT
   12  SUCH REQUEST IS ACCOMPANIED BY A WRITTEN  AUTHORIZATION  SIGNED  BY  THE
   13  SUBJECT  EMPLOYEE AUTHORIZING THE RELEASE OF SUCH RECORDS OR INFORMATION
   14  TO THE ENTITY.
   15    6. ANY POLICE OFFICER, FIREFIGHTER, FIREFIGHTER/PARAMEDIC,  CORRECTION
   16  OFFICER OR PEACE OFFICER WITHIN THE DEPARTMENT OF CORRECTIONS AND COMMU-
   17  NITY  SUPERVISION  CLAIMING TO BE AGGRIEVED BY THE INSPECTION, REVIEW OR
   18  DISCLOSURE OF THE RECORDS OR INFORMATION CONTAINED THEREIN DESCRIBED  IN
   19  SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY THE FAILURE OF AN AGENCY TO
   20  RELEASE SUCH RECORDS OR INFORMATION PURSUANT TO SUBDIVISION FIVE OF THIS
   21  SECTION, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF  COMPETENT  JURIS-
   22  DICTION FOR DAMAGES AND FOR INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES AS
   23  MAY BE APPROPRIATE, INCLUDING REASONABLE ATTORNEY'S FEES.
   24    S 2. This act shall take effect immediately.