NY State Senate Bill 2009-S1779

Senate Bill S1779

2009-2010 Legislative Session

Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records of certain officers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 06, 2009	referred to codes

co-Sponsors

2009-S1779 (ACTIVE) - Details

See Assembly Version of this Bill:: A4053
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1106, A768
2013-2014: S2628, A1016
2015-2016: S1596, A2366
2017-2018: S3279, A53
2019-2020: S4214, A2671

2009-S1779 (ACTIVE) - Summary

Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records if those records relate to an officer who was involved in a police shooting or police misconduct.

2009-S1779 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1779

 TITLE OF BILL :

An act to amend the civil rights law, in relation to civilian
complaint review boards


 PURPOSE :

To allow members of civilian complaint review boards that are
investigating complaints of police misconduct to petition the court
for an order permitting disclosure of all personnel records relating
to an officer involved in a police shooting or misconduct and the
subject of a civilian complaint.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 50-a of the civil rights law, as
amended by chapter 137 of the laws of 2002, to allow any member of a
civilian complaint review board that is responsible for investigating
police misconduct to petition the court for an order permitting
disclosure of all evidence obtained during a grand jury proceeding for
cases that deal with a police shooting or police misconduct.

 EXISTING LAW :

Current law considers all personnel records used to evaluate
performance toward continued employment or promotion and under the
control of any police agency or department of the state or political
subdivision thereof to be confidential and not subject to inspection
or review absent the written consent of the subject of the personnel
record.

 JUSTIFICATION :

This bill will allow civilian complaint review boards to evaluate
accusations of police misconduct in a much more thorough manner. The
public would be better served, as all perceptions of covering up
inappropriate police conduct would be dispelled due to the ability of
the civilian complaint review board to review evidence of every aspect
of the alleged misconduct.

 LEGISLATIVE HISTORY :

2008:  S.8423

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S1779 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1779

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sens.  PARKER,  ONORATO, SMITH -- 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 civilian  complaint
  review boards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 50-a of the civil rights  law,  as
amended  by  chapter  137  of  the  laws  of 2002, is amended to read as
follows:
  1. All personnel records, used to evaluate performance toward  contin-
ued  employment  or promotion, under the control of any police agency or
department of the state or any political subdivision  thereof  including
authorities or agencies maintaining police forces of individuals defined
as  police  officers  in  section 1.20 of the criminal procedure law and
such personnel records under the control of a sheriff's department or  a
department  of correction of individuals employed as correction officers
and such personnel records under the control of a paid  fire  department
or    force    of    individuals    employed    as    firefighters    or
firefighter/paramedics and such personnel records under the  control  of
the  division of parole for individuals defined as peace officers pursu-
ant to subdivisions twenty-three and twenty-three-a of section  2.10  of
the  criminal  procedure  law  shall  be considered confidential and not
subject to inspection or review without the express written  consent  of
such  police  officer,  firefighter,  firefighter/paramedic,  correction
officer or peace officer within the division of parole except as may  be
mandated  by  lawful court order, AND EXCEPT THAT A MEMBER OF A CIVILIAN
COMPLAINT REVIEW BOARD THAT  IS  RESPONSIBLE  FOR  INVESTIGATING  POLICE
MISCONDUCT  MAY PETITION THE COURT FOR AN ORDER PERMITTING DISCLOSURE OF
ALL PERSONNEL RECORDS IF THOSE RECORDS RELATE  TO  AN  OFFICER  WHO  WAS
INVOLVED IN A POLICE SHOOTING OR POLICE MISCONDUCT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02508-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1779

Share this bill

Sponsored By

Kevin S. Parker