NY State Senate Bill 2021-S6760

Senate Bill S6760

2021-2022 Legislative Session

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2021	referred to codes

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2021-S6760 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20, 160.50, 160.55, 160.58 & 160.59, CP L; amd §50-b, Civ Rts L; amd §§166, 375.1 & 381.3, Fam Ct Act

2021-S6760 (ACTIVE) - Summary

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

2021-S6760 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6760

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the criminal procedure law, the civil rights law, and
the family court act to allow access to sealed and protected records to
civilian law enforcement oversight entities conducting investigations
and disciplinary proceedings for misconduct by police and peace officers

 
PURPOSE:

To enable civilian oversight agencies in New York State to review police
records that may relate to police misconduct that are currently kept
from them.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new subdivision 46 to section 1.20 of the criminal
procedure law to provide a definition of a 'civilian law enforcement
oversight entity'

§ 2. Amends paragraph (d) of subdivision 1 of section 160.50 of the
criminal procedure law to allow a civilian law enforcement oversight
entity to review the records of a criminal action settled in favor of
the accused in furtherance of an open investigation or disciplinary
proceeding under the review of the civilian law enforcement oversight
entity.

§ 3. Amends paragraph (d) of subdivision 1 of section 160.55 of the
criminal procedure law to allow a civilian law enforcement oversight
entity to review the records of a criminal action settled by termination
by conviction of a noncriminal offense; entry of waiver; or administra-
tive findings if the records relate to an open investigation or disci-
plinary proceeding under the review of a civilian law enforcement over-
sight entity as part of furtherance of an open investigation or
disciplinary proceeding.

§ 4. Amends paragraphs (c) and (d) of subdivision 6 of section 160.58 of
the criminal procedure law, and adds a new paragraph (e), to include a
civilian law enforcement oversight entity to review conditionally sealed
records of related to certain controlled substance, marihuana or speci-
fied offense convictions in furtherance of an open investigation or
disciplinary proceeding under the review of the civilian law enforcement
oversight entity.

§ 5. Amends paragraphs (d) and (e) of subdivision 9 of section 160.59 of
the criminal procedure law, and adds a new paragraph (f) to include a
civilian law enforcement oversight entity to review sealed records
relating to sex offenders in furtherance of an open investigation or
disciplinary proceeding under the review of the civilian law enforcement
oversight entity.

§ 6. Amends paragraph a of subdivision 2 of section 50-b of the civil
rights law to allow that a civilian law enforcement oversight may review
sealed records relating to sex offenses in furtherance of an open inves-
tigation or disciplinary proceeding under the review of the civilian law
enforcement oversight entity.

§ 7. Amends Section 166 of the family court act to clarify that family
courts may only protect its own information from sharing with a civilian
law enforcement oversight entity, not external records that the family
court may have.

§ 8. Amends section 375.1 of the family court act to allow a civilian
law enforcement oversight entity to review the records of a delinquency
action settled in favor of the respondent in furtherance of an open
investigation or disciplinary proceeding under the review of the civil-
ian law enforcement oversight entity.

§ 9. Amends subdivision (2) of Family Court Act § 381.3 to add a civil-
ian law enforcement oversight entity to the list of those who may review
the records relating to a proceeding in furtherance of an open investi-
gation or disciplinary proceeding under the review of the civilian law
enforcement oversight entity.

§ 10. Sets the effective date.

 
EXISTING LAW:

Currently, civilian law enforcement oversight entities rely upon law
enforcement or the courts to share their records and cannot compel their
release for the purposes of their investigations.

 
JUSTIFICATION:

Proper civilian oversight of law enforcement stumbles across many barri-
ers. While the public has called for and established various entities to
review the operations of law enforcement, law enforcement and their
representatives often put up legal barriers to prevent civilian law
enforcement oversight entities from meeting their essential goals.

For example, the grounds for the issuance of a search or arrest warrant
is sealed, in part to protect police methods and confidential infor-
mants. However, on numerous occasions erroneous or false information is
used to produce the warrant. Wrong addresses are put on warrants, and
police raids are conducted at the wrong location, causing property loss,
trauma, and injury to innocent bystanders.

Law enforcement has also claimed that police records relating to family
court cannot be shared with civilian review boards. This bill clarifies
that only the family court's records are private, not external records
in the possession of family court.

The country has seen an endless series of no-knock or quick-knock raids
at the wrong address, and, at least in New York, there is no way for the
public-or its law enforcement accountability entities like New York
City's Civilian Complaint Review Board-to find out what is going wrong,
or who is responsible. The records are simply kept from official third-
party competent review.

This legislation clarifies that specious arguments used to prevent
civilian oversight of police activity are not to be permitted, and are
not in the public interest.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2021-S6760 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6760
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the civil  rights  law,  and
   the  family  court act to allow access to sealed and protected records
   to civilian law enforcement  oversight  entities  conducting  investi-
   gations  and  disciplinary  proceedings  for  misconduct by police and
   peace officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1.20 of the criminal procedure law is amended by
 adding a new subdivision 46 to read as follows:
   46. "CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY" MEANS AN  ENTITY  WITH
 RESPONSIBILITY FOR INVESTIGATING OR RECOMMENDING DISCIPLINE FOR A POLICE
 OFFICER OR PEACE OFFICER FOR MISCONDUCT THAT DOES NOT EMPLOY ANY CURRENT
 POLICE OFFICER OR PEACE OFFICER.
   §  2. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) such records shall be made available to the person accused  or  to
 such  person's  designated  agent,  and shall be made available to (i) a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
 enforcement agency upon ex parte motion in any superior court, or in any
 district court, city court or the criminal court of the city of New York
 provided  that such court sealed the record, if such agency demonstrates
 to the satisfaction of the court that justice requires that such records
 be made available to it, or (iii) any state or local officer  or  agency
 with  responsibility  for the issuance of licenses to possess guns, when
 the accused has made application for such a license,  or  (iv)  the  New
 York  state department of corrections and community supervision when the
 accused is on parole supervision as a result of conditional release or a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10908-01-1

 S. 6760                             2
 
 parole release granted by the New York state board of  parole,  and  the
 arrest  which  is the subject of the inquiry is one which occurred while
 the accused was under such supervision, or (v) any prospective  employer
 of  a  police  officer  or  peace  officer as those terms are defined in
 subdivisions thirty-three and thirty-four of section 1.20 of this  chap-
 ter, in relation to an application for employment as a police officer or
 peace  officer; provided, however, that every person who is an applicant
 for the position of police officer or peace officer shall  be  furnished
 with a copy of all records obtained under this paragraph and afforded an
 opportunity  to  make  an  explanation  thereto,  or  (vi) the probation
 department responsible for supervision of the accused  when  the  arrest
 which  is  the  subject  of  the inquiry is one which occurred while the
 accused was under such supervision, OR (VII) ANY CIVILIAN  LAW  ENFORCE-
 MENT  OVERSIGHT  ENTITY,  PROVIDED  THAT THE RECORDS AND PAPERS OBTAINED
 UNDER THIS PARAGRAPH RELATE TO AN  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING  AT  THE  CIVILIAN  LAW  ENFORCEMENT OVERSIGHT ENTITY AND ARE
 BEING USED IN FURTHERANCE OF THAT  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING; and
   §  3. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be made available to the person accused or to such  person's  designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in  which  the accused has moved for an order pursuant to section 170.56
 or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
 parte motion in any superior court, or in any district court, city court
 or  the  criminal court of the city of New York provided that such court
 sealed the record, if such agency demonstrates to  the  satisfaction  of
 the  court  that justice requires that such records be made available to
 it, or (iii) any state or local officer or  agency  with  responsibility
 for  the issuance of licenses to possess guns, when the accused has made
 application for such a license, or (iv) the New York state department of
 corrections and community supervision when the accused is  under  parole
 supervision as a result of conditional release or parole release granted
 by  the  New  York  state  board  of  parole and the arrest which is the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision of the accused when the  arrest  which  is  the  subject  of  the
 inquiry  is  one  which occurred while the accused was under such super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality
 and parole department, for law  enforcement  purposes,  upon  arrest  in
 instances  in which the individual stands convicted of harassment in the
 second degree, as defined in section 240.26 of the penal law,  committed
 against  a  member  of the same family or household as the defendant, as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined pursuant to subdivision eight-a of section 170.10 of  this  title,
 OR  (VII)  ANY  CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED THAT
 THE RECORDS AND PAPERS OBTAINED UNDER THIS PARAGRAPH RELATE TO  AN  OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF THAT OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING; and
   §  4. Paragraphs (c) and (d) of subdivision 6 of section 160.58 of the
 criminal procedure law, as added by section 3 of part AAA of chapter  56

 S. 6760                             3
 
 of  the  laws  of  2009, are amended and a new paragraph (e) is added to
 read as follows:
   (c)  any  state or local officer or agency with responsibility for the
 issuance of licenses to possess guns, when the person has made  applica-
 tion for such a license; [or]
   (d)  any  prospective employer of a police officer or peace officer as
 those terms are defined in subdivisions thirty-three and thirty-four  of
 section  1.20 of this chapter, in relation to an application for employ-
 ment as a police officer or peace officer; provided, however, that every
 person who is an applicant for the position of police officer  or  peace
 officer  shall  be  furnished  with a copy of all records obtained under
 this paragraph and afforded an opportunity to make an explanation there-
 to[.]; OR
   (E) ANY CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED  THAT  THE
 RECORDS  AND  PAPERS  OBTAINED  UNDER  THIS  PARAGRAPH RELATE TO AN OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF THAT OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 5. Paragraphs (d) and (e) of subdivision 9 of section 160.59 of  the
 criminal procedure law, as added by section 48 of part WWW of chapter 59
 of  the  laws  of  2017, are amended and a new paragraph (f) is added to
 read as follows:
   (d) any prospective employer of a police officer or peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of this chapter, in relation to an application for  employ-
 ment as a police officer or peace officer; provided, however, that every
 person  who  is an applicant for the position of police officer or peace
 officer shall be furnished with a copy of  all  records  obtained  under
 this paragraph and afforded an opportunity to make an explanation there-
 to; [or]
   (e)  the criminal justice information services division of the federal
 bureau of investigation, for the purposes of responding  to  queries  to
 the national instant criminal background check system regarding attempts
 to  purchase  or otherwise take possession of firearms, as defined in 18
 USC 921 (a) (3)[.]; OR
   (F) ANY CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED  THAT  THE
 RECORDS  AND  PAPERS  OBTAINED  UNDER  THIS  PARAGRAPH RELATE TO AN OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF SUCH OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 6. Paragraph a of subdivision 2 of section 50-b of the civil  rights
 law,  as  amended by chapter 643 of the laws of 1999, is amended to read
 as follows:
   a. Any person charged with the commission of an offense, as defined in
 subdivision one of this section, against the same victim; the counsel or
 guardian of such person; the public officers  and  employees,  INCLUDING
 THE  EMPLOYEES OF CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITIES AS DEFINED
 IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, charged with the duty  of
 investigating,  prosecuting, keeping records relating to the offense, or
 any other act when done  pursuant  to  the  lawful  discharge  of  their
 duties; and any necessary witnesses for either party; or
   §  7.  Section  166  of  the  family  court act, is amended to read as
 follows:
   § 166. Privacy of records. The records of any proceeding in the family
 court shall not be open to indiscriminate  public  inspection.  However,
 the court in its discretion in any case may permit the inspection of any

 S. 6760                             4
 
 papers  or  records. Any duly authorized agency, association, society or
 institution to which a child is committed may cause an inspection of the
 record of investigation to be had and may in the discretion of the court
 obtain  a  copy  of  the whole or part of such record. THE PROVISIONS OF
 THIS SECTION SHALL ONLY APPLY TO RECORDS WITHIN THE  POSSESSION  OF  THE
 FAMILY COURT.
   §  8.  Subdivision  3  of  section  375.1  of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   3.  Records sealed pursuant to subdivision one shall be made available
 to the respondent or his designated agent, TO CIVILIAN  LAW  ENFORCEMENT
 OVERSIGHT  ENTITY  AS  DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE
 LAW; PROVIDED THAT THE RECORDS AND  PAPERS  MADE  AVAILABLE  UNDER  THIS
 SUBDIVISION  RELATE  TO AN OPEN INVESTIGATION OR DISCIPLINARY PROCEEDING
 AT THE CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY AND ARE BEING  USED  IN
 FURTHERANCE  OF  SUCH OPEN INVESTIGATION OR DISCIPLINARY PROCEEDING, and
 the records and papers of a probation service shall be available to  any
 probation  service for the purpose of complying with subdivision four of
 section 308.1.
   § 9. Subdivision 2 of section 381.3 of the family court act, as  added
 by  chapter 920 of the laws of 1982, paragraph (b) as amended by chapter
 926 of the laws of 1982, is amended to read as follows:
   2. Notwithstanding the provisions of subdivision one, the family court
 in the county in which the petition was adjudicated may, upon motion and
 for good cause shown, order such records open:
   (a) to the respondent or his parent  or  person  responsible  for  his
 care; [or]
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of  the  court  in  which  he was convicted, unless such record has been
 sealed pursuant to section 375.1; OR
   (C) TO ANY CIVILIAN LAW ENFORCEMENT OVERSIGHT  ENTITY  AS  DEFINED  IN
 SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW; PROVIDED THAT THE RECORDS
 AND PAPERS MADE AVAILABLE UNDER  THIS  SUBDIVISION  RELATE  TO  AN  OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF SUCH OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 10. This act shall take effect immediately.

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Senate Bill S6760

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