NY State Senate Bill 2015-S1596

Senate Bill S1596

2015-2016 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 13, 2015	referred to codes

co-Sponsors

2015-S1596 (ACTIVE) - Details

See Assembly Version of this Bill:: A2366
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
2013-2014: S2628, A1016
2017-2018: S3279, A53
2019-2020: S4214, A2671

2015-S1596 (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.

2015-S1596 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1596

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:

2013-2014: S.2628/A.1016 - Died in Codes/Died in Gov't Ops
2011-2012: S.1106/A.768 - Referred to Codes/Gov't Ops
2009-2010: S.1779/A.4053 Referred to Codes/Governmental Operations
2008-2009: S.8423

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.

2015-S1596 (ACTIVE) - Bill Text download pdf

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

                                  1596

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. PARKER, PERKINS -- 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  516  of  the  laws  of 2014, 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  and  such
personnel  records under the control of a probation department for indi-
viduals defined as peace officers pursuant to subdivision twenty-four of
section 2.10 of the criminal procedure law shall be considered confiden-
tial 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  or  probation  department  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02828-02-5

S. 1596                             2

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.

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Senate Bill S1596

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Sponsored By

Kevin S. Parker