S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9050
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to  the  disclosure
   of law enforcement officer's disciplinary records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 87 of the public officers law is amended by  adding
 a new subdivision 4-c to read as follows:
   4-C.  AN  AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCEMENT DISCIPLI-
 NARY RECORDS AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE SHALL  NOT
 DENY ACCESS TO SUCH RECORDS OR PORTIONS THEREOF ON THE GROUNDS THAT SUCH
 RECORDS:
   (A)   CONSTITUTE  AN  UNWARRANTED  INVASION  OF  PERSONAL  PRIVACY  AS
 DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO OF  THIS  SECTION  BECAUSE
 SUCH  RECORDS  CONCERN COMPLAINTS, ALLEGATIONS, OR CHARGES THAT HAVE NOT
 YET BEEN DETERMINED, DID NOT RESULT IN DISCIPLINARY ACTION, OR  RESULTED
 IN A DISPOSITION OR FINDING OTHER THAN SUBSTANTIATED OR GUILTY;
   (B)  ARE  COMPILED  FOR LAW ENFORCEMENT PURPOSES AS DESCRIBED IN PARA-
 GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION;
   (C) ARE INTER-AGENCY OR INTRA-AGENCY MATERIALS AS DESCRIBED  IN  PARA-
 GRAPH (G) OF SUBDIVISION TWO OF THIS SECTION;
   (D)  ARE  OR  WERE  DESIGNATED  AS  CONFIDENTIAL, SECRET, OR OTHERWISE
 PRIVATE BY A PRIVATE AGREEMENT, INCLUDING BUT NOT LIMITED TO  A  SETTLE-
 MENT, STIPULATION, CONTRACT, OR COLLECTIVE BARGAINING AGREEMENT; OR
   (E) WERE CREATED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  2.   Paragraphs (c) and (d) of subdivision 2-b of section 89 of the
 public officers law, as added by chapter 96 of the  laws  of  2020,  are
 amended and a new paragraph (e) is added to read as follows:
   (c) any social security numbers; [or]
   (d)  disclosure  of  the use of an employee assistance program, mental
 health service, or  substance  abuse  assistance  service  by  a  person
 employed by a law enforcement agency as defined in section eighty-six of
 this  article  as  a  police  officer,  peace officer, or firefighter or
 firefighter/paramedic, unless such use is mandated by a law  enforcement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14312-01-2
 A. 9050                             2
 
 disciplinary proceeding that may otherwise be disclosed pursuant to this
 article[.]; OR
   (E)  THE  NAME  OR  OTHER PERSONAL IDENTIFYING INFORMATION OF A PERSON
 INCLUDED IN A LAW ENFORCEMENT DISCIPLINARY RECORD, WHERE THAT PERSON  IS
 ALLEGED  TO  HAVE BEEN THE VICTIM OF SEXUAL MISCONDUCT. FOR THE PURPOSES
 OF THIS SECTION, THE TERM "SEXUAL MISCONDUCT" ENCOMPASSES MISCONDUCT  OF
 A  SEXUAL NATURE OR MOTIVATED IN WHOLE OR IN PART BY THE PERSON'S ACTUAL
 OR PERCEIVED GENDER OR GENDER PRESENTATION ALLEGED BY A PERSON AGAINST A
 MEMBER OF A LAW ENFORCEMENT AGENCY. SEXUAL MISCONDUCT INCLUDES,  BUT  IS
 NOT  LIMITED  TO, THE FOLLOWING EXAMPLES OF MISCONDUCT: VERBAL, DIGITAL,
 AND WRITTEN SEXUAL HARASSMENT; SEXUAL HARASSMENT USING PHYSICAL GESTURES
 AND EXPRESSIONS; SEXUAL HUMILIATION; SEXUAL INTIMIDATION  AND  COERCION;
 TAKING  UNWARRANTED PHOTOGRAPHS OR VIDEOS OR VOYEURISTIC ACTIONS; USE OF
 PERSONAL INFORMATION, INCLUDING TELEPHONE NUMBERS, OBTAINED  FROM  INDI-
 VIDUALS  IN THE COURSE OF DUTY FOR OTHER THAN LEGITIMATE PURPOSES; SEXU-
 ALLY MOTIVATED POLICE ACTIONS SUCH AS  STOPS,  SUMMONSES,  SEARCHES,  OR
 ARRESTS;  SEXUAL  OR  ROMANTIC  PROPOSITIONS; AND ANY INTENTIONAL BODILY
 CONTACT OF A SEXUAL NATURE, INCLUDING BUT NOT LIMITED TO, GROPING, SEXU-
 AL ASSAULT, RAPE, AND ENGAGING IN SEXUAL ACTIVITY WHILE ON DUTY.
   § 3. This act shall take effect immediately.