Bill Text: NY S08701 | 2023-2024 | General Assembly | Introduced

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Bill Title: Exempts statements of victims and witnesses relating to sexual abuse or misconduct from disclosure under FOIL provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S08701 Detail]

Download: New_York-2023-S08701-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8701

                    IN SENATE

                                      March 1, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the  public  officers  law,  in  relation  to  exempting
          certain statements relating to sexual abuse or misconduct from disclo-
          sure

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

     1    Section 1. Paragraph (e) of subdivision 2 of section 87 of the  public
     2  officers  law, as amended by chapter 155 of the laws of 2022, is amended
     3  to read as follows:
     4    (e) are compiled for law enforcement purposes only to the extent  that
     5  disclosure would:
     6    i.   interfere   with   law  enforcement  investigations  or  judicial
     7  proceedings, provided however, that any agency, which is not  conducting
     8  the  investigation that the requested records relate to, that is consid-
     9  ering denying access pursuant to this subparagraph shall receive confir-
    10  mation from the law enforcement or investigating agency  conducting  the
    11  investigation  that  disclosure  of  such records will interfere with an
    12  ongoing investigation;
    13    ii. deprive a person of a right to a fair trial or  impartial  adjudi-
    14  cation;
    15    iii.  identify a confidential source or disclose confidential informa-
    16  tion relating to a criminal investigation; [or]
    17    iv. reveal criminal investigative  techniques  or  procedures,  except
    18  routine techniques and procedures; or
    19    v. reveal any statement made by a witness or victim relating to sexual
    20  abuse or misconduct;
    21    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02752-01-3