NY State Senate Bill 2019-S8496

Senate Bill S8496

Signed By Governor

2019-2020 Legislative Session

Relates to the disclosure of law enforcement disciplinary records; and to repeal section 50-a of the civil rights law relating thereto

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Archive: Last Bill Status - Signed by Governor

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
Jun 12, 2020	signed chap.96
Jun 11, 2020	delivered to governor
Jun 09, 2020	returned to senate passed assembly ordered to third reading rules cal.67 substituted for a10611 referred to codes delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.751 reported and committed to rules
Jun 06, 2020	referred to codes

Votes

- Jun 9, 2020 - Floor Vote
  S8496
  
  40
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2020
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (22)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  May 28, 2020 - Rules Committee Vote
  S8496
  
  12
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2020
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (4)
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Seward
      
      aye wr (3)
      
      Lanza
      
      Little
      
      Robach

co-Sponsors

View additional co-sponsors

2019-S8496 (ACTIVE) - Details

See Assembly Version of this Bill:: A10611
Law Section:: Civil Rights Law
Laws Affected:: Rpld §50-a, Civ Rts L; amd §§86, 87 & 89, Pub Off L

2019-S8496 (ACTIVE) - Summary

Relates to the disclosure of law enforcement disciplinary records.

2019-S8496 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8496

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the civil rights law and the public officers law, in
relation to the disclosure of law enforcement disciplinary records; and
to repeal section 50-a of the civil rights law relating thereto

 
PURPOSE:

To repeal Civil Rights Law § 50-a.

 
SUMMARY OF PROVISIONS:

Section 1 repeals Civil Rights Law § 50-a.

Section 2 defines law enforcement agency (including police agencies and
departments, sheriffs departments, the Department of Corrections and
Community Supervision, local corrections and probation departments, fire
departments, and forces of individuals employed as firefighters or

firefighter/paramedics), law enforcement disciplinary proceeding, law
enforcement disciplinary records, and technical infraction.

Section 3 requires a law enforcement agency responding to a request for
law enforcement disciplinary records to redact specific categories of
personal information from the record before disclosing the record, and
allows the agency to redact portions of the record that only contain
minor, technical infractions that do not involve interactions with the
public, are not of public concern, and are not connected to the offi-
cer's investigative, enforcement, training, supervision, or reporting
responsibilities.

Section 4 provides the specific types of personal information that must
be redacted from a law enforcement agency's response to a request for
disciplinary records.

Section 5 provides the effective date.

 
JUSTIFICATION:

Section 50-a of the New York State Civil Rights Law creates a special
right of privacy for the "personnel records used to evaluate performance
toward continued employment or promotion" of police officers, correction
officers, and firefighters/paramedics employed by the State or political
subdivisions, as well as those of peace officers working for the Depart-
ment of Corrections and Community Supervision or local probation depart-
ments.

This exemption was adopted in 1976 by the Legislature in order to
prevent criminal defense attorneys from using these records in cross-ex-
aminations of police witnesses during criminal prosecutions. However,
current law, as narrowly interpreted by the Court of Appeals, prevents
access to both the records of the disciplinary proceedings themselves
and the recommendations or outcomes of those proceedings.

According to the 2014 annual report by the State Committee on Open
Government to the Governor and the State Legislature, "this narrow
exemption has been expanded in the courts to allow police departments to
withhold from the public virtually any record that contains any informa-
tion that could conceivably be used to evaluate the performance of a
police officer."

Due to the interpretation of § 50-a, records of complaints or findings
of law enforcement misconduct that have not resulted in criminal charges
against an officer are almost entirely inaccessible to the public or to
victims of police brutality, excessive use of force, or other miscon-
duct. The State Committee on Open Government has stated that § 50-a
"creates a legal shield that prohibits disclosure, even when it is known
that misconduct has occurred." FOIL's public policy goals, which are to
make government agencies and their employees accountable to the public,
are thus undermined. Police-involved killings by law enforcement offi-
cials who have had histories of misconduct complaints, and in some cases
recommendations of departmental charges, have increased the need to make
these records more accessible.

FOIL already provides that agencies may redact or withhold information
whose disclosure would constitute an unwarranted invasion of privacy.
Recent changes to the Civil Service Law have created additional, non-
discretionary protections against the release of certain sensitive
information such as contact information. Furthermore, this bill adds
additional safeguards in the FOIL statute. Finally, courts have the
ability to protect against improper cross-examination and determine if
police records are admissible in a trial, without the denial of public
access to information regarding police activity created by § 50-a. The
broad prohibition on disclosure created by § 50-a is therefore unneces-
sary, and can be repealed as contrary to public policy.

Repeal of § 50-a will help the public regain trust that law enforcement
officers and agencies may be held accountable for misconduct.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2019-S8496 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8496
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and the  public  officers  law,  in
   relation  to  the  disclosure of law enforcement disciplinary records;
   and to repeal section 50-a of the civil rights law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50-a of the civil rights law is REPEALED.
   §  2.  Section 86 of the public officers law is amended by adding four
 new subdivisions 6, 7, 8 and 9 to read as follows:
   6. "LAW ENFORCEMENT DISCIPLINARY RECORDS" MEANS ANY RECORD CREATED  IN
 FURTHERANCE OF A LAW ENFORCEMENT DISCIPLINARY PROCEEDING, INCLUDING, BUT
 NOT LIMITED TO:
   (A) THE COMPLAINTS, ALLEGATIONS, AND CHARGES AGAINST AN EMPLOYEE;
   (B) THE NAME OF THE EMPLOYEE COMPLAINED OF OR CHARGED;
   (C) THE TRANSCRIPT OF ANY DISCIPLINARY TRIAL OR HEARING, INCLUDING ANY
 EXHIBITS INTRODUCED AT SUCH TRIAL OR HEARING;
   (D) THE DISPOSITION OF ANY DISCIPLINARY PROCEEDING; AND
   (E) THE FINAL WRITTEN OPINION OR MEMORANDUM SUPPORTING THE DISPOSITION
 AND  DISCIPLINE IMPOSED INCLUDING THE AGENCY'S COMPLETE FACTUAL FINDINGS
 AND ITS ANALYSIS OF  THE  CONDUCT  AND  APPROPRIATE  DISCIPLINE  OF  THE
 COVERED EMPLOYEE.
   7. "LAW ENFORCEMENT DISCIPLINARY PROCEEDING" MEANS THE COMMENCEMENT OF
 ANY  INVESTIGATION  AND  ANY  SUBSEQUENT  HEARING OR DISCIPLINARY ACTION
 CONDUCTED BY A LAW ENFORCEMENT AGENCY.
   8. "LAW ENFORCEMENT AGENCY" MEANS A 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,  A  SHERIFF'S
 DEPARTMENT,  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, A
 LOCAL DEPARTMENT OF CORRECTION, A LOCAL  PROBATION  DEPARTMENT,  A  FIRE
 DEPARTMENT,   OR  FORCE  OF  INDIVIDUALS  EMPLOYED  AS  FIREFIGHTERS  OR
 FIREFIGHTER/PARAMEDICS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16577-06-0

 S. 8496                             2
 
   9. "TECHNICAL INFRACTION" MEANS A MINOR RULE  VIOLATION  BY  A  PERSON
 EMPLOYED  BY  A  LAW  ENFORCEMENT AGENCY AS DEFINED IN THIS SECTION AS A
 POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
 SOLELY  RELATED  TO THE ENFORCEMENT OF ADMINISTRATIVE DEPARTMENTAL RULES
 THAT (A) DO NOT INVOLVE INTERACTIONS WITH MEMBERS OF THE PUBLIC, (B) ARE
 NOT  OF  PUBLIC  CONCERN,  AND  (C)  ARE NOT OTHERWISE CONNECTED TO SUCH
 PERSON'S INVESTIGATIVE, ENFORCEMENT, TRAINING, SUPERVISION, OR REPORTING
 RESPONSIBILITIES.
   § 3. Section 87 of the public officers law is amended  by  adding  two
 new subdivisions 4-a and 4-b to read as follows:
   4-A. A LAW ENFORCEMENT AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCE-
 MENT DISCIPLINARY RECORDS AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTI-
 CLE  SHALL  REDACT ANY PORTION OF SUCH RECORD CONTAINING THE INFORMATION
 SPECIFIED IN SUBDIVISION TWO-B OF SECTION EIGHTY-NINE  OF  THIS  ARTICLE
 PRIOR TO DISCLOSING SUCH RECORD UNDER THIS ARTICLE.
   4-B. A LAW ENFORCEMENT AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCE-
 MENT  DISCIPLINARY  RECORDS,  AS  DEFINED  IN SECTION EIGHTY-SIX OF THIS
 ARTICLE, MAY REDACT ANY PORTION OF SUCH RECORD CONTAINING  THE  INFORMA-
 TION SPECIFIED IN SUBDIVISION TWO-C OF SECTION EIGHTY-NINE OF THIS ARTI-
 CLE PRIOR TO DISCLOSING SUCH RECORD UNDER THIS ARTICLE.
   §  4.  Section  89 of the public officers law is amended by adding two
 new subdivisions 2-b and 2-c to read as follows:
   2-B. FOR RECORDS THAT CONSTITUTE LAW ENFORCEMENT DISCIPLINARY  RECORDS
 AS  DEFINED  IN SUBDIVISION SIX OF SECTION EIGHTY-SIX OF THIS ARTICLE, A
 LAW ENFORCEMENT AGENCY SHALL REDACT THE FOLLOWING INFORMATION FROM  SUCH
 RECORDS PRIOR TO DISCLOSING SUCH RECORDS UNDER THIS ARTICLE:
   (A)  ITEMS INVOLVING THE MEDICAL HISTORY OF A PERSON EMPLOYED BY A LAW
 ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE AS A
 POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
 NOT INCLUDING RECORDS OBTAINED DURING THE COURSE OF AN AGENCY'S INVESTI-
 GATION  OF SUCH PERSON'S MISCONDUCT THAT ARE RELEVANT TO THE DISPOSITION
 OF SUCH INVESTIGATION;
   (B) THE HOME ADDRESSES,  PERSONAL  TELEPHONE  NUMBERS,  PERSONAL  CELL
 PHONE  NUMBERS,  PERSONAL E-MAIL ADDRESSES OF A PERSON EMPLOYED BY A LAW
 ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE AS A
 POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
 OR  A  FAMILY MEMBER OF SUCH A PERSON, A COMPLAINANT OR ANY OTHER PERSON
 NAMED IN A LAW ENFORCEMENT DISCIPLINARY RECORD,  EXCEPT  WHERE  REQUIRED
 PURSUANT  TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, OR IN ACCORDANCE
 WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THE CIVIL  SERVICE
 LAW,  OR AS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT PROHIBIT
 OTHER PROVISIONS  OF  LAW  REGARDING  WORK-RELATED,  PUBLICLY  AVAILABLE
 INFORMATION SUCH AS TITLE, SALARY, AND DATES OF EMPLOYMENT;
   (C) ANY SOCIAL SECURITY NUMBERS; OR
   (D)  DISCLOSURE  OF  THE USE OF AN EMPLOYEE ASSISTANCE PROGRAM, MENTAL
 HEALTH SERVICE, OR  SUBSTANCE  ABUSE  ASSISTANCE  SERVICE  BY  A  PERSON
 EMPLOYED BY A LAW ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF
 THIS  ARTICLE  AS  A  POLICE  OFFICER,  PEACE OFFICER, OR FIREFIGHTER OR
 FIREFIGHTER/PARAMEDIC, UNLESS SUCH USE IS MANDATED BY A LAW  ENFORCEMENT
 DISCIPLINARY PROCEEDING THAT MAY OTHERWISE BE DISCLOSED PURSUANT TO THIS
 ARTICLE.
   2-C.   FOR  RECORDS  THAT  CONSTITUTE  "LAW  ENFORCEMENT  DISCIPLINARY
 RECORDS" AS DEFINED IN SUBDIVISION SIX OF  SECTION  EIGHTY-SIX  OF  THIS
 ARTICLE, A LAW ENFORCEMENT AGENCY MAY REDACT RECORDS PERTAINING TO TECH-
 NICAL  INFRACTIONS  AS DEFINED IN SUBDIVISION NINE OF SECTION EIGHTY-SIX
 OF THIS ARTICLE PRIOR TO DISCLOSING SUCH RECORDS UNDER THIS ARTICLE.

 S. 8496                             3
 
   § 5. This act shall take effect immediately.

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