S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2442
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. GONZALEZ-ROJAS, DAVILA, KELLES, SIMON, EPSTEIN --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04836-01-3
              

 A. 2442                             2
 
 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
 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.