NY State Senate Bill 2013-S2628

Senate Bill S2628

2013-2014 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

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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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Jan 23, 2013	referred to codes

co-Sponsors

2013-S2628 (ACTIVE) - Details

See Assembly Version of this Bill:: A1016
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1779, A4053
2011-2012: S1106, A768
2015-2016: S1596, A2366
2017-2018: S3279, A53
2019-2020: S4214, A2671

2013-S2628 (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.

2013-S2628 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2628

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 62 of the laws of 2011, 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:

2011-12: S.1106/A.768 - Referred to Codes/Gov't Ops
2009-10:  S.1779/A.4053 Referred to Codes/Governmental Operations
2008-09:  S.8423

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.

2013-S2628 (ACTIVE) - Bill Text download pdf

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

                                  2628

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  PARKER,  PERKINS, 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  section 53 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. All personnel records used to evaluate performance toward continued
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 department of corrections and community supervision for  individuals
defined  as  peace  officers  pursuant  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
department of corrections and community supervision  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.

                                                           LBD03443-01-3

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Senate Bill S2628

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Sponsored By

Kevin S. Parker