S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    370
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the New York  city  charter,  in  relation  to  allowing
   access  to  sealed records and certain confidential records by the New
   York city civilian  complaint  review  board  in  furtherance  of  the
   board's duties and functions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The New York city  charter  is  amended  by  adding  a  new
 section 442 to read as follows:
   §  442.  ACCESS TO SEALED RECORDS. A. NOTWITHSTANDING ANY PROVISION OF
 ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE  BOARD  SHALL  BE
 GRANTED ACCESS TO AND MAY RECEIVE FROM ANY PUBLIC AGENCY OF THE STATE OF
 NEW  YORK OR ANY POLITICAL SUBDIVISION THEREOF ANY RECORD THAT IS OTHER-
 WISE SEALED IN ACCORDANCE WITH APPLICABLE  LAW  IN  FURTHERANCE  OF  THE
 BOARD'S DUTIES AND FUNCTIONS PURSUANT TO THIS CHAPTER, OR A COPY OF SUCH
 RECORD,  WHICH  SHALL  BE DEEMED TO BE A "SEALED RECORD" FOR PURPOSES OF
 THIS SECTION, SUBJECT TO THE REQUIREMENTS SET FORTH IN THIS SECTION.
   B. ACCESS TO RECORDS RECEIVED BY THE BOARD PURSUANT  TO  THIS  SECTION
 SHALL  BE  RESTRICTED  TO  MEMBERS  AND  EMPLOYEES OF THE BOARD WHO HAVE
 DIRECT INVOLVEMENT IN A MATTER REQUIRING USE OF SUCH  RECORDS,  PROVIDED
 THAT THE BOARD MAY DISCLOSE ANY RECORD OBTAINED PURSUANT TO THIS SECTION
 TO  A  PUBLIC  AGENCY  FOR  THE PURPOSE OF A REFERRAL FOR PROSECUTION OR
 INVESTIGATION, OR  IN  FURTHERANCE  OF  A  DISCIPLINARY  PROCEEDING,  IN
 ACCORDANCE  WITH  APPLICABLE LAW. IN ADDITION, SUCH RECORD MAY BE SHARED
 WITH THE EMPLOYEE OF THE POLICE DEPARTMENT  WHO  IS  THE  SUBJECT  OF  A
 DISCIPLINARY  PROCEEDING  OR  SUCH EMPLOYEE'S REPRESENTATIVE, SUBJECT TO
 THE REQUIREMENTS OF THIS  SECTION,  ANY  APPLICABLE  PROVISIONS  OF  THE
 PROTOCOLS  DESCRIBED  IN PARAGRAPH TWO OF SUBDIVISION E OF THIS SECTION,
 AND ANY OTHER APPROPRIATE CONDITIONS THAT MAY BE IMPOSED BY AN  ADMINIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02318-01-3
 A. 370                              2
              

 
 TRATIVE  LAW JUDGE, HEARING OFFICER, COURT OR OTHER ADJUDICATIVE BODY TO
 ENSURE THE CONTINUED CONFIDENTIALITY OF SUCH RECORD.
   C.  UPON  RECEIVING  A  SEALED RECORD FROM A PUBLIC AGENCY, SHARING OR
 TRANSFERRING A SEALED RECORD TO A PUBLIC AGENCY, EMPLOYEE OF THE  POLICE
 DEPARTMENT  WHO  IS  THE  SUBJECT  OF  A DISCIPLINARY PROCEEDING OR SUCH
 EMPLOYEE'S REPRESENTATIVE, OR DESTROYING OR RETURNING ALL COPIES OF SUCH
 RECORD PURSUANT TO THIS SECTION, THE BOARD SHALL AS SOON AS  PRACTICABLE
 NOTIFY,  BY FIRST-CLASS MAIL THE PERSON WHO IS THE SUBJECT OF THE ACTION
 OR PROCEEDING FOR WHICH THE RECORD WAS SEALED,  AND  THE  REPRESENTATIVE
 THAT  REPRESENTED  SUCH  PERSON  AT  THE TIME OF THE TERMINATION OF SUCH
 ACTION OR PROCEEDING, AT THE ADDRESSES PROVIDED BY SUCH PERSON AND  SUCH
 PERSON'S  REPRESENTATIVE  DURING  SUCH  ACTION  OR PROCEEDING, OR AT ANY
 OTHER CURRENT ADDRESSES THAT CAN REASONABLY BE ASCERTAINED BY THE BOARD.
   D. WHEN THE BOARD HAS NO FURTHER NEED IN FURTHERANCE OF ITS DUTIES AND
 FUNCTIONS PURSUANT TO THIS CHAPTER TO MAINTAIN A SEALED RECORD  OBTAINED
 FROM A PUBLIC AGENCY PURSUANT TO THIS SECTION, ALL COPIES OF SUCH RECORD
 SHALL BE DESTROYED OR, AT SUCH PUBLIC AGENCY'S DIRECTION, BE RETURNED TO
 SUCH AGENCY IN A MANNER PRESERVING THE CONFIDENTIALITY OF THE RECORD.
   E. 1. RECORDS OBTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL NOT
 BE  DISCLOSED  BY THE BOARD EXCEPT AS AUTHORIZED BY THIS SECTION. SEALED
 RECORDS MAINTAINED BY THE BOARD SHALL AT ALL TIMES BE CLEARLY MARKED  AS
 SEALED AND CONFIDENTIAL.
   2.  BEFORE OBTAINING RECORDS PURSUANT TO THIS SECTION, THE BOARD SHALL
 ESTABLISH PROTOCOLS, IN ADDITION TO THOSE SET FORTH IN THIS SECTION  AND
 IN  CONSULTATION  WITH  THE CHIEF PRIVACY OFFICER DESIGNATED PURSUANT TO
 SUBDIVISION H OF SECTION EIGHT OF THIS CHARTER,  TO  GOVERN  THE  PROPER
 ACQUISITION,  USE,  STORAGE,  AND OTHER HANDLING AND DISPOSITION OF, AND
 ACCESS TO, RECORDS OBTAINED PURSUANT TO THIS SECTION. SUCH PROTOCOLS MAY
 INCLUDE PROCEDURES FOR THE APPROPRIATE HANDLING OF  RECORDS  TRANSFERRED
 TO OR SHARED BY THE BOARD WITH OTHER PUBLIC AGENCIES, OR WITH AN EMPLOY-
 EE  OF  THE  POLICE  DEPARTMENT  WHO  IS  THE  SUBJECT OF A DISCIPLINARY
 PROCEEDING OR SUCH EMPLOYEE'S REPRESENTATIVE.
   F. 1. ACCESS TO RECORDS RECEIVED FROM THE BOARD BY ANY  PUBLIC  AGENCY
 PURSUANT  TO THIS SECTION SHALL BE RESTRICTED TO MEMBERS OF THE BOARD OF
 THE RECEIVING AGENCY, OR EMPLOYEES  OF  SUCH  AGENCY,  WHO  HAVE  DIRECT
 INVOLVEMENT  IN  THE  MATTER  REQUIRING  USE  OF SUCH RECORDS. ACCESS TO
 RECORDS RECEIVED FROM THE BOARD BY AN EMPLOYEE OF THE POLICE  DEPARTMENT
 WHO  IS  THE SUBJECT OF A DISCIPLINARY PROCEEDING, OR BY SUCH EMPLOYEE'S
 REPRESENTATIVE, SHALL BE RESTRICTED TO SUCH EMPLOYEE AND SUCH EMPLOYEE'S
 REPRESENTATIVE, OR AS OTHERWISE SPECIFIED BY THE APPLICABLE  ADMINISTRA-
 TIVE  LAW  JUDGE,  HEARING  OFFICER, COURT OR OTHER ADJUDICATIVE BODY IN
 FURTHERANCE OF THE PURPOSES OF THIS SECTION.
   2. WHEN A PUBLIC AGENCY, EMPLOYEE OF THE POLICE DEPARTMENT WHO IS  THE
 SUBJECT  OF  A DISCIPLINARY PROCEEDING OR SUCH EMPLOYEE'S REPRESENTATIVE
 THAT RECEIVES A SEALED RECORD FROM THE BOARD PURSUANT  TO  THIS  SECTION
 HAS  NO  FURTHER NEED TO MAINTAIN SUCH RECORD, ALL COPIES OF SUCH RECORD
 SHALL BE DESTROYED, OR RETURNED TO THE BOARD OR AT  THE  BOARD'S  DIREC-
 TION,  TO THE PUBLIC AGENCY FROM WHICH THE BOARD RECEIVED SUCH RECORD IN
 A MANNER PRESERVING THE CONFIDENTIALITY OF THE RECORD.
   3. SEALED RECORDS OBTAINED FROM THE BOARD BY A PUBLIC AGENCY OR BY ANY
 OTHER PERSON OR ENTITY PURSUANT TO THIS SECTION SHALL NOT  BE  DISCLOSED
 BY  SUCH  PUBLIC  AGENCY,  PERSON OR ENTITY EXCEPT AS AUTHORIZED BY THIS
 SECTION OR AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW  OR  ORDER  OF  A
 COURT  OF  COMPETENT  JURISDICTION.  SUCH  RECORDS SHALL AT ALL TIMES BE
 CLEARLY MARKED BY SUCH PUBLIC AGENCY, PERSON OR ENTITY THAT HAS RECEIVED
 SUCH RECORDS AS SEALED AND CONFIDENTIAL.
 A. 370                              3
 
   4. THE BOARD SHALL INFORM EACH AGENCY, EMPLOYEE OF THE POLICE  DEPART-
 MENT  WHO IS THE SUBJECT OF A DISCIPLINARY PROCEEDING OR SUCH EMPLOYEE'S
 REPRESENTATIVE TO WHICH IT TRANSFERS OR SHARES A SEALED RECORD ABOUT THE
 REQUIREMENTS OF THIS SECTION APPLICABLE  TO  SUCH  AGENCY,  EMPLOYEE  OR
 EMPLOYEE'S REPRESENTATIVE.
   G.  FOR PURPOSES OF THIS SECTION, A RECORD THAT IS CONFIDENTIAL OR NOT
 AVAILABLE FOR PUBLIC INSPECTION PURSUANT TO SECTION FIFTY-B OF THE CIVIL
 RIGHTS LAW SHALL BE DEEMED TO BE A SEALED  RECORD  THAT  THE  BOARD  MAY
 OBTAIN  PURSUANT  TO THIS SECTION. IN ADDITION, THE VICTIM TO WHICH SUCH
 RECORD PERTAINS, OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  CARE  OF
 SUCH VICTIM, SHALL BE THE PERSON WHO IS REQUIRED TO BE NOTIFIED WHEN THE
 BOARD  RECEIVES, DESTROYS OR RETURNS SUCH RECORD PURSUANT TO SUBDIVISION
 C OF THIS SECTION.
   § 2. This act shall take effect immediately.