Assembly Bill A768

2011-2012 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

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Archive: Last Bill Status - In Assembly 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

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2011-A768 (ACTIVE) - Details

See Senate Version of this Bill:
S1106
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4053, S1779
2013-2014: A1016, S2628
2015-2016: A2366, S1596
2017-2018: A53, S3279
2019-2020: A2671, S4214

2011-A768 (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.

2011-A768 (ACTIVE) - Bill Text download pdf 

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

                                   768

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Governmental Operations

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

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