S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8142
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  civil  rights  law, in relation to establishing
   requirements for the disclosure of personnel and disciplinary  records
   of certain expert witnesses
 
   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  AND  DISCIPLINARY  RECORDS OF GOVERNMENT-EMPLOYED
 SCIENTIFIC EXPERT WITNESSES. 1. AS USED IN THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "PERSONNEL  AND DISCIPLINARY RECORDS OF GOVERNMENT-EMPLOYED SCIEN-
 TIFIC EXPERT WITNESSES" MEANS ALL PERSONNEL  RECORDS  OF  GOVERNMENT-EM-
 PLOYED SCIENTIFIC EXPERTS, USED TO EVALUATE PERFORMANCE TOWARD CONTINUED
 EMPLOYMENT  OR  PROMOTION,  AND  UNDER THE CONTROL OF THE STATE OR LOCAL
 GOVERNMENT PERSONNEL AGENCY OR ITS POLITICAL SUBDIVISIONS; AND
   B. "GOVERNMENT EMPLOYED"  MEANS  ANY  PERSON  HOLDING  A  POSITION  BY
 APPOINTMENT  OR  EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER, WHETHER
 PROVISIONALLY, NON-COMPETITIVELY, COMPETITIVELY OR BY CONTRACT.
   2. PERSONNEL AND DISCIPLINARY RECORDS OF GOVERNMENT-EMPLOYED SCIENTIF-
 IC EXPERT WITNESSES SHALL BE DISCLOSED IN A COURT ACTION PURSUANT TO THE
 RELEVANT PROVISIONS OF THE CRIMINAL PROCEDURE LAW,  THE  CIVIL  PRACTICE
 LAW  AND  RULES OR ANY OTHER PROVISION OF LAW GOVERNING SUCH DISCLOSURE,
 ONLY AFTER THE PARTY SEEKING DISCLOSURE HAS, AT MINIMUM, PROVIDED A GOOD
 FAITH OFFER OF PROOF AS TO WHY THE  INFORMATION  IS  BEING  SOUGHT,  THE
 COURT  HAS NOTIFIED THE SUBJECT OF SUCH RECORDS THAT SUCH RECORDS MAY BE
 DISCLOSED PURSUANT TO COURT ACTION OR PURSUANT TO A SUBPOENA ISSUED BY A
 COURT OF COMPETENT JURISDICTION, AND THE COURT HAS GIVEN THE SUBJECT  OF
 SUCH  RECORDS AN OPPORTUNITY TO BE HEARD ON THE QUESTIONS OF WHETHER THE
 RECORDS SOUGHT:  (A) ARE RELEVANT TO THE SCIENTIFIC  EXPERT'S  CHARACTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11673-01-1

 A. 8142                             2
 
 FOR  VERACITY;  AND (B) PROVIDE A LEGITIMATE BASIS TO QUESTION THE RELI-
 ABILITY OR ACCURACY OF THE EXPERT'S SCIENTIFIC CONCLUSION.    IF,  AFTER
 SUCH  HEARING,  THE COURT DETERMINES THAT ONLY A PORTION OF SUCH RECORDS
 ARE  RELEVANT  AND MATERIAL IN THE ACTION BEFORE IT, IT SHALL MAKE THOSE
 PARTS OF THE RECORDS FOUND TO BE RELEVANT AND MATERIAL AVAILABLE TO  THE
 PERSONS SO REQUESTING.
   3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY AGENCY OF
 GOVERNMENT OR ITS  POLITICAL  SUBDIVISIONS  WHICH  REQUIRE  THE  RECORDS
 DESCRIBED  IN  SUBDIVISION ONE OF THIS SECTION IN THE FURTHERANCE OF ITS
 OFFICIAL DUTIES.
   § 2. This act shall take effect immediately.