S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4589
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to the confidentiality
   of personnel records  of  police  officers,  firefighters,  correction
   officers and probation officers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 50-a to read as follows:
   §  50-A.  PERSONNEL RECORDS; CONFIDENTIALITY OF POLICE OFFICERS, FIRE-
 FIGHTERS, CORRECTION OFFICERS AND PROBATION OFFICERS. 1.  ALL  PERSONNEL
 RECORDS  USED  TO  EVALUATE  PERFORMANCE  TOWARD CONTINUED EMPLOYMENT OR
 PROMOTION, UNDER THE CONTROL OF ANY POLICE AGENCY OR DEPARTMENT  OF  THE
 STATE  OR  ANY  POLITICAL  SUBDIVISION  THEREOF INCLUDING AUTHORITIES OR
 AGENCIES MAINTAINING POLICE FORCES  OF  INDIVIDUALS  DEFINED  AS  POLICE
 OFFICERS  PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A
 SHERIFF'S DEPARTMENT  OR  A  DEPARTMENT  OF  CORRECTION  OF  INDIVIDUALS
 EMPLOYED  AS  CORRECTION  OFFICERS  AND SUCH PERSONNEL RECORDS UNDER THE
 CONTROL OF A PAID FIRE DEPARTMENT OR FORCE OF  INDIVIDUALS  EMPLOYED  AS
 FIREFIGHTERS  OR FIREFIGHTER/PARAMEDICS AND SUCH PERSONNEL RECORDS UNDER
 THE CONTROL OF THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPERVISION
 FOR INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISIONS TWEN-
 TY-THREE  AND  TWENTY-THREE-A  OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
 LAW AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A PROBATION  DEPART-
 MENT  FOR  INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION
 TWENTY-FOUR OF SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE  LAW  SHALL  BE
 CONSIDERED  CONFIDENTIAL AND NOT SUBJECT TO INSPECTION OR REVIEW WITHOUT
 THE  EXPRESS  WRITTEN  CONSENT  OF  SUCH  POLICE  OFFICER,  FIREFIGHTER,
 FIREFIGHTER/PARAMEDIC,  CORRECTION  OFFICER  OR PEACE OFFICER WITHIN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00568-01-3
 A. 4589                             2
              

 
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR PROBATION DEPART-
 MENT EXCEPT AS MAY BE MANDATED BY LAWFUL COURT ORDER.
   2.  PRIOR  TO  ISSUING SUCH COURT ORDER THE JUDGE MUST REVIEW ALL SUCH
 REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTUNITY  TO  BE  HEARD.  NO
 SUCH  ORDER  SHALL  ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO
 WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
   3. IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS  A  SUFFICIENT
 BASIS HE OR SHE SHALL SIGN AN ORDER REQUIRING THAT THE PERSONNEL RECORDS
 IN  QUESTION  BE SEALED AND SENT DIRECTLY TO HIM OR HER. HE OR SHE SHALL
 THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE  RECORDS
 ARE  RELEVANT  AND  MATERIAL  IN THE ACTION BEFORE HIM OR HER. UPON SUCH
 FINDING THE COURT SHALL MAKE THOSE PARTS OF THE RECORD FOUND TO BE RELE-
 VANT AND MATERIAL AVAILABLE TO THE PERSONS SO REQUESTING.
   4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  DISTRICT
 ATTORNEY  OR  HIS  OR HER ASSISTANTS, THE ATTORNEY GENERAL OR HIS OR HER
 DEPUTIES OR ASSISTANTS, A COUNTY ATTORNEY OR  HIS  OR  HER  DEPUTIES  OR
 ASSISTANTS,  A CORPORATION COUNSEL OR HIS OR HER DEPUTIES OR ASSISTANTS,
 A TOWN ATTORNEY OR HIS OR HER DEPUTIES OR ASSISTANTS, A VILLAGE ATTORNEY
 OR HIS OR HER DEPUTIES OR ASSISTANTS, A GRAND JURY,  OR  ANY  AGENCY  OF
 GOVERNMENT  WHICH  REQUIRES  THE RECORDS DESCRIBED IN SUBDIVISION ONE OF
 THIS SECTION, IN THE FURTHERANCE OF THEIR OFFICIAL FUNCTIONS.
   § 2. This act shall take effect immediately.