NY State Senate Bill 2017-S3279

Senate Bill S3279

2017-2018 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 20, 2017	referred to codes

2017-S3279 (ACTIVE) - Details

See Assembly Version of this Bill:: A53
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
2015-2016: S1596, A2366
2019-2020: S4214, A2671

2017-S3279 (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.

2017-S3279 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3279

 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 :

2015-2016: S.1596/A.2366 - Referred to Codes
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.

2017-S3279 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3279
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 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.

                                                            LBD02047-01-7

 S. 3279                             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.
   § 2. This act shall take effect immediately.

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