S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6599
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to the confidentiality
   of  personnel  records  of  police  officers, firefighters, correction
   officers and probation officers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 50-a to read as follows:
   § 50-A. PERSONNEL RECORDS; CONFIDENTIALITY OF POLICE  OFFICERS,  FIRE-
 FIGHTERS,  CORRECTION  OFFICERS AND PROBATION OFFICERS. 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 PURSUANT TO SUBDIVISION THIRTY-FOUR  OF  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 TWEN-
 TY-THREE AND TWENTY-THREE-A OF SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE
 LAW  AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A PROBATION DEPART-
 MENT FOR INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT  TO  SUBDIVISION
 TWENTY-FOUR  OF  SECTION  2.10  OF  THE  CRIMINAL PROCEDURE LAW SHALL BE
 CONSIDERED CONFIDENTIAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08812-01-1
              

 A. 6599                             2
 
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR PROBATION DEPART-
 MENT EXCEPT AS MAY BE MANDATED BY LAWFUL COURT ORDER.
   2.  PRIOR  TO  ISSUING SUCH COURT ORDER THE JUDGE MUST REVIEW ALL SUCH
 REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTUNITY  TO  BE  HEARD.  NO
 SUCH  ORDER  SHALL  ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO
 WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
   3. IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS  A  SUFFICIENT
 BASIS HE OR SHE SHALL SIGN AN ORDER REQUIRING THAT THE PERSONNEL RECORDS
 IN  QUESTION  BE SEALED AND SENT DIRECTLY TO HIM OR HER. HE OR SHE SHALL
 THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE  RECORDS
 ARE  RELEVANT  AND  MATERIAL  IN THE ACTION BEFORE HIM OR HER. UPON SUCH
 FINDING THE COURT SHALL MAKE THOSE PARTS OF THE RECORD FOUND TO BE RELE-
 VANT AND MATERIAL AVAILABLE TO THE PERSONS SO REQUESTING.
   4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  DISTRICT
 ATTORNEY  OR  HIS  OR HER ASSISTANTS, THE ATTORNEY GENERAL OR HIS OR HER
 DEPUTIES OR ASSISTANTS, A COUNTY ATTORNEY OR  HIS  OR  HER  DEPUTIES  OR
 ASSISTANTS,  A CORPORATION COUNSEL OR HIS OR HER DEPUTIES OR ASSISTANTS,
 A TOWN ATTORNEY OR HIS OR HER DEPUTIES OR ASSISTANTS, A VILLAGE ATTORNEY
 OR HIS OR HER DEPUTIES OR ASSISTANTS, A GRAND JURY,  OR  ANY  AGENCY  OF
 GOVERNMENT  WHICH  REQUIRES  THE RECORDS DESCRIBED IN SUBDIVISION ONE OF
 THIS SECTION, IN THE FURTHERANCE OF THEIR OFFICIAL FUNCTIONS.
   § 2. This act shall take effect immediately.