S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3939
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  GLICK,  GALEF, PEOPLES-STOKES,
   L. ROSENTHAL, ABINANTI, SEAWRIGHT -- Multi-Sponsored by --  M.  of  A.
   PERRY -- read once and referred to the Committee on Governmental Oper-
   ations
 
 AN  ACT  to  amend  the  public officers law, in relation to requiring a
   particularized and specific justification  for  denial  of  access  to
   records  under  the  freedom  of  information  law  and exemption from
   disclosure under  the  freedom  of  information  law  of  certain  law
   enforcement  related  records;  and  to amend the civil rights law, in
   relation to records identifying victims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 87 of the public officers law is amended by adding
 a new subdivision 6 to read as follows:
   6. WHEN A REQUEST IS MADE FOR AGENCY RECORDS AND THE AGENCY  RECEIVING
 SUCH REQUEST IS CONSIDERING DENYING ACCESS PURSUANT TO SUBPARAGRAPH I OF
 PARAGRAPH  (E)  OF  SUBDIVISION  TWO OF THIS SECTION ON THE GROUNDS THAT
 DISCLOSURE WOULD  INTERFERE  WITH  A  JUDICIAL  PROCEEDING,  THE  AGENCY
 RECEIVING  SUCH  REQUEST  SHALL  PROMPTLY  NOTIFY, IN WRITING, THE JUDGE
 BEFORE WHOM SUCH JUDICIAL PROCEEDING IS PENDING AND  THE  PERSON  MAKING
 THE REQUEST. SUCH JUDGE SHALL NOTIFY THE PERSON REQUESTING THE RECORD OF
 ITS  RECEIPT,  AND  OFFER  THE PERSON REQUESTING THE RECORD A REASONABLE
 OPPORTUNITY TO BE HEARD. AFTER DUE DELIBERATION, SUCH JUDGE SHALL DETER-
 MINE WHETHER ACCESS TO SUCH RECORDS SHOULD BE DENIED PURSUANT TO SUBPAR-
 AGRAPH I OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION  AND  SHALL
 SUBMIT  SUCH  DETERMINATION  IN  WRITING  TO  THE  AGENCY AND THE PERSON
 REQUESTING THE RECORD.  THE AGENCY SHALL THEN PROCEED AS REQUIRED PURSU-
 ANT TO THIS ARTICLE, IN ACCORDANCE WITH THE COURT'S DETERMINATION.
   § 2. Subdivision 6 of section 89 of the public officers law, as  added
 by  chapter  933 of the laws of 1977 and as renumbered by chapter 890 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07144-01-9
              

 A. 3939                             2
 
 the laws of 1981, is amended and a new subdivision 10 is added  to  read
 as follows:
   6.  Nothing in this article shall be construed to limit or abridge any
 otherwise available right of access at law or in equity of any party  to
 records.  A  DENIAL OF ACCESS TO RECORDS OR TO PORTIONS THEREOF PURSUANT
 TO THIS ARTICLE SHALL NOT LIMIT OR ABRIDGE ANY PARTY'S RIGHT  OF  ACCESS
 TO SUCH RECORDS PURSUANT TO THE CIVIL PRACTICE LAW AND RULES, THE CRIMI-
 NAL PROCEDURE LAW, OR ANY OTHER LAW.
   10.  NOTHING  IN  THIS ARTICLE SHALL BE CONSTRUED TO LIMIT A PERSON OR
 ENTITY THAT IS A PARTY TO ANY CIVIL OR  CRIMINAL  ACTION  OR  PROCEEDING
 FROM GAINING ACCESS TO RECORDS PURSUANT TO THIS ARTICLE RELATING TO SUCH
 ACTION  OR  PROCEEDING, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVI-
 SION SHALL PREVENT THE DENIAL OF ACCESS  TO  SUCH  RECORDS  OR  PORTIONS
 THEREOF  AFTER  PROVIDING PARTICULARIZED AND SPECIFIC JUSTIFICATION THAT
 SUCH RECORDS MAY BE WITHHELD PURSUANT TO THIS ARTICLE.
   § 3. The opening paragraph and  paragraph  (e)  of  subdivision  2  of
 section  87  of  the public officers law, as added by chapter 933 of the
 laws of 1977, are amended to read as follows:
   EACH AGENCY SHALL, IN ACCORDANCE WITH ITS PUBLISHED RULES, MAKE AVAIL-
 ABLE FOR PUBLIC INSPECTION AND COPYING ALL RECORDS, EXCEPT THOSE RECORDS
 OR PORTIONS THEREOF THAT MAY BE WITHHELD PURSUANT TO THE  EXCEPTIONS  OF
 RIGHTS OF ACCESS APPEARING IN THIS SUBDIVISION. A DENIAL OF ACCESS SHALL
 NOT  BE BASED SOLELY ON THE CATEGORY OR TYPE OF SUCH RECORD AND SHALL BE
 VALID ONLY WHEN THERE IS A PARTICULARIZED AND SPECIFIC JUSTIFICATION FOR
 SUCH DENIAL. Each agency shall, in accordance with its published  rules,
 make  available  for  public  inspection and copying all records, except
 that such agency may deny access to records or portions thereof that:
   (e) are [compiled] PREPARED OR CREATED for  law  enforcement  purposes
 [and  which,  if  disclosed,  would]  ONLY TO THE EXTENT THAT DISCLOSURE
 WOULD:
   i.  interfere  with  law  enforcement   investigations   or   judicial
 proceedings,  PROVIDED  HOWEVER,  THAT  ANY  AGENCY  CONSIDERING DENYING
 ACCESS PURSUANT TO THIS SUBPARAGRAPH SHALL PROCEED  IN  ACCORDANCE  WITH
 SUBDIVISION SIX OF THIS SECTION;
   ii.  deprive  a person of a right to a fair trial or impartial adjudi-
 cation;
   iii. identify a confidential source or disclose confidential  informa-
 tion relating to a criminal investigation; or
   iv.  reveal  criminal  investigative  techniques or procedures, except
 routine techniques and procedures;
   § 4. Subdivision 1 of section 50-b of the civil rights law, as amended
 by chapter 320 of the laws of 2006, is amended to read as follows:
   1. The identity of any victim of a sex offense, as defined in  article
 one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
 or of an offense involving the alleged transmission of the human immuno-
 deficiency  virus,  shall  be  confidential.  No  PORTION OF ANY report,
 paper, picture, photograph, court file or other documents, in the custo-
 dy or possession of any public officer  or  employee,  which  identifies
 such  a  victim  shall  be made available for public inspection. No such
 public officer or employee shall disclose  any  portion  of  any  police
 report,  court  file,  or other document, which tends to identify such a
 victim except as provided in subdivision two of this section.
   § 5. This act shall take effect immediately.