S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8734
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers law and the  civil  rights  law,  in
   relation  to  freedom  of  information  law disclosures related to law
   enforcement related records and records identifying  victims;  and  to
   repeal certain provisions of the public officers law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 87 of the public officers law,  as
 added  by a chapter of the laws of 2021 amending the public officers law
 relating to requiring a particularized and  specific  justification  for
 denial  of  access  to  records under the freedom of information law and
 exemption from disclosure  under  the  freedom  of  information  law  of
 certain  law  enforcement related records; and amending the civil rights
 law relating to records identifying victims, as proposed in  legislative
 bills numbers S. 6017 and A. 5470, is REPEALED.
   §  2. Paragraph (e) of subdivision 2 of section 87 of the public offi-
 cers law, as amended by a chapter of  the  laws  of  2021  amending  the
 public  officers law relating to requiring a particularized and specific
 justification for denial of access  to  records  under  the  freedom  of
 information  law  and  exemption  from  disclosure  under the freedom of
 information law of certain law enforcement related records; and amending
 the civil  rights  law  relating  to  records  identifying  victims,  as
 proposed in legislative bills numbers S. 6017 and A. 5470, is amended to
 read as follows:
   (e)  are  [prepared  or created] COMPILED for law enforcement purposes
 only to the extent that disclosure would:
   i.  interfere  with  law  enforcement   investigations   or   judicial
 proceedings,  provided however, that any agency, WHICH IS NOT CONDUCTING
 THE INVESTIGATION THAT THE REQUESTED RECORDS RELATE TO, THAT IS  consid-
 ering  denying  access  pursuant  to this subparagraph shall [proceed in
 accordance with subdivision six of this  section]  RECEIVE  CONFIRMATION
 FROM THE LAW ENFORCEMENT OR INVESTIGATING AGENCY CONDUCTING THE INVESTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07836-04-2
              

 A. 8734                             2
 
 GATION  THAT  DISCLOSURE  OF SUCH RECORDS WILL INTERFERE WITH AN ONGOING
 INVESTIGATION;
   ii.  deprive  a person of a right to a fair trial or impartial adjudi-
 cation;
   iii. identify a confidential source or disclose confidential  informa-
 tion relating to a criminal investigation; or
   iv.  reveal  criminal  investigative  techniques or procedures, except
 routine techniques and procedures;
   § 3. Subdivision 1 of section 50-b of the civil rights law, as amended
 by a chapter of the laws of 2021 amending the public officers law relat-
 ing to requiring a particularized and specific justification for  denial
 of  access to records under the freedom of information law and exemption
 from disclosure under the freedom of  information  law  of  certain  law
 enforcement  related records; and amending the civil rights law relating
 to records identifying victims, as proposed in legislative bills numbers
 S.  6017 and A. 5470, is amended to read as follows:
   1. The identity of any victim of a sex offense, as defined in  article
 one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
 or of an offense involving the alleged transmission of the human immuno-
 deficiency  virus,  shall  be  confidential. No [portion of any] report,
 paper, picture, photograph, court file or other documents, in the custo-
 dy or possession of any public officer  or  employee,  which  identifies
 such  a  victim  shall  be made available for public inspection. No such
 public officer or employee shall disclose  any  portion  of  any  police
 report,  court  file,  or other document, which tends to identify such a
 victim except as provided in subdivision two of this section.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2021 amending the public officers law
 relating  to  requiring  a particularized and specific justification for
 denial of access to records under the freedom  of  information  law  and
 exemption  from  disclosure  under  the  freedom  of  information law of
 certain law enforcement related records; and amending the  civil  rights
 law  relating to records identifying victims, as proposed in legislative
 bills numbers S. 6017 and A. 5470, takes effect.