NY State Senate Bill 2019-S4214

Senate Bill S4214

2019-2020 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 08, 2020	referred to codes
Mar 04, 2019	referred to codes

2019-S4214 (ACTIVE) - Details

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
2011-2012: S1106
2013-2014: S2628
2015-2016: S1596
2017-2018: S3279

2019-S4214 (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.

2019-S4214 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4214

SPONSOR: PARKER
 
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 investi-
gating 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 disclo-
sure 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 there-
of 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 accu-
sations 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:

2017-18: S3279 - referred to Codes
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.

2019-S4214 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4214
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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.

                                                            LBD00130-01-9

 S. 4214                             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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