Senate Bill S8674

2019-2020 Legislative Session

Relates to limiting certain disclosure of law enforcement disciplinary records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S8674 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §§86, 87 & 89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6286
2023-2024: S4595
2025-2026: S147

2019-S8674 (ACTIVE) - Summary

Requires redaction of unfounded and unsubstantiated allegations in law enforcement disciplinary records.

2019-S8674 (ACTIVE) - Sponsor Memo

2019-S8674 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8674
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to prohibiting  the
   public  disclosure of unsubstantiated or unfounded complaints, allega-
   tions and charges made against law enforcement officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 86 of the public officers law is amended by adding
 two new subdivisions 10 and 11 to read as follows:
   10.  "UNSUBSTANTIATED  COMPLAINT,  ALLEGATION  OR  CHARGE"  MEANS  ANY
 COMPLAINT,  ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW
 ENFORCEMENT AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE
 OFFICER, OR FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THE  EVIDENCE  IS
 INSUFFICIENT  TO DETERMINE WHETHER THE PERSON EMPLOYED BY A LAW ENFORCE-
 MENT AGENCY DID OR DID NOT COMMIT MISCONDUCT.
   11. "UNFOUNDED COMPLAINT, ALLEGATION OR CHARGE" MEANS  ANY  COMPLAINT,
 ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW ENFORCEMENT
 AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE OFFICER, OR
 FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THERE IS SUFFICIENT  CREDIBLE
 EVIDENCE TO BELIEVE THAT THE SUBJECT EMPLOYED BY A LAW ENFORCEMENT AGEN-
 CY DID NOT COMMIT THE ALLEGED ACT.
   §  2.  Subdivision  4-b  of  section 87 of the public officers law, as
 added by a chapter of the laws of 2020 amending the civil rights law and
 the public officers law relating to the disclosure  of  law  enforcement
 disciplinary  records,  as proposed in legislative bills numbers S. 8496
 and A. 10611, is amended to read as follows:
   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]  SHALL  redact any portion of such record containing the
 information specified in subdivision two-c  of  section  eighty-nine  of
 this article prior to disclosing such record under this article.
   §  3.  Subdivision  2-c  of  section 89 of the public officers law, as
 added by a chapter of the laws of 2020 amending the civil rights law and
 the public officers law relating to the disclosure  of  law  enforcement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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