NY State Senate Bill 2023-S4595

Current Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Feb 10, 2023	referred to investigations and government operations

co-Sponsors

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2023-S4595 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86, 87 & 89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8674
2021-2022: S6286

2023-S4595 (ACTIVE) - Summary

Requires redaction of unfounded and unsubstantiated allegations in law enforcement disciplinary records.

2023-S4595 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4595

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting the
public disclosure of unsubstantiated or unfounded complaints, allega-
tions and charges made against law enforcement officers

 
PURPOSE:

To ensure that complaints made available for public records regarding
law enforcement officers are substantiated.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the public officers law to define "unsubstantiated
complaint, allegation or charge" and "unfounded complaint, allegation or
charge".

Section 2. Requires that records pertaining to technical infractions
shall be redacted when a law enforcement agency responds to a request

for law enforcement disciplinary records.

Section 3. Requires the redaction of records pertaining to complaints,
allegations and charges that are unsubstantiated or unfounded prior to
disclosure of law enforcement disciplinary records.

Section 4. Sets for the effective date.

 
JUSTIFICATION:

In 1976, section 50-a of the civil rights law was enacted to prevent the
harassment of officers choosing to testify in court and to protect such
officers from "fishing expeditions" by criminal defense attorneys who
could use unsubstantiated complaints to impugn an officer's character
during cross examination. The law, which applied to police, peace and
correction officers as well as firefighters, did allow for records to be
disclosed by court order when a legitimate need has been demonstrated,
however in recent years, there have been concerns that the law has been
applied in a manner that shields records beyond the statute's original
intent. In light of this, legislation was recently signed into law to
repeal 50-a of the civil rights law and reopen the public access of such
disciplinary records, regardless of a specific need being demonstrated.

Unfortunately, this repeal did not apply appropriate safeguards to
prevent the harassment of police and other first responders or prevent
the misuse of these records. While it is critical that anyone who abuses
their position of authority or trust is appropriately disciplined,
utilizing unsubstantiated or unfounded complaints made against officers,
jeopardizes the integrity of the legal process and the safety of these
men and women and their families.

New York State law recognizes the importance of protecting individuals
from the exposure of unsubstantiated and unfounded accusations of
misconduct; as such protections exist in statute for teachers and physi-
cians for example. Unfortunately, the repeal of 50-a without appropriate
safeguards, jeopardizes not only the safety and reputations of great
officers but it jeopardizes the safety of crime victims as well given
the fact that 50-a was initially instituted to ensure officers could
safely testify in court on behalf of victims.  This bill seeks to
address and correct the stark oversight that was enacted as part of the
repeal of 50-a and brings parity to protections provided individuals
employed in other public facing professions by preventing the public
disclosure of unfounded claims as well as technical infractions.

 
LEGISLATIVE HISTORY:

2020 S.8674

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S4595 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4595
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sens. PALUMBO, GALLIVAN, MATTERA, OBERACKER, STEC, WEIK --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations
 
 AN ACT to amend the public officers law, in relation to prohibiting  the
   public  disclosure of unsubstantiated or unfounded complaints, allega-
   tions and charges made against law enforcement officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 86 of the public officers law is amended by adding
 two new subdivisions 12 and 13 to read as follows:
   12.  "UNSUBSTANTIATED  COMPLAINT,  ALLEGATION  OR  CHARGE"  MEANS  ANY
 COMPLAINT,  ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW
 ENFORCEMENT AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE
 OFFICER, OR FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THE  EVIDENCE  IS
 INSUFFICIENT  TO DETERMINE WHETHER THE PERSON EMPLOYED BY A LAW ENFORCE-
 MENT AGENCY DID OR DID NOT COMMIT MISCONDUCT.
   13. "UNFOUNDED COMPLAINT, ALLEGATION OR CHARGE" MEANS  ANY  COMPLAINT,
 ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW ENFORCEMENT
 AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE OFFICER, OR
 FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THERE IS SUFFICIENT  CREDIBLE
 EVIDENCE TO BELIEVE THAT THE SUBJECT EMPLOYED BY A LAW ENFORCEMENT AGEN-
 CY DID NOT COMMIT THE ALLEGED ACT.
   §  2.  Subdivision  4-b  of  section 87 of the public officers law, as
 added by chapter 96 of the laws of 2020, is amended to read as follows:
   4-b. A law enforcement agency responding to a request for law enforce-
 ment disciplinary records, as defined  in  section  eighty-six  of  this
 article,  [may]  SHALL  redact any portion of such record containing the
 information specified in subdivision two-c  of  section  eighty-nine  of
 this article prior to disclosing such record under this article.
   §  3.  Subdivision  2-c  of  section 89 of the public officers law, as
 added by chapter 96 of the laws of 2020, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09211-01-3

 S. 4595                             2
 
   2-c.  For  records  that  constitute  "law  enforcement   disciplinary
 records"  as  defined  in  subdivision six of section eighty-six of this
 article, a law enforcement agency [may] SHALL redact records  pertaining
 to  technical  infractions  as  defined  in  subdivision nine of section
 eighty-six of this article AND RECORDS PERTAINING TO COMPLAINTS, ALLEGA-
 TIONS  AND CHARGES AGAINST A PERSON EMPLOYED BY A LAW ENFORCEMENT AGENCY
 THAT ARE UNSUBSTANTIATED OR UNFOUNDED AS DEFINED BY SUBDIVISIONS  TWELVE
 AND  THIRTEEN  OF SECTION EIGHTY-SIX OF THIS ARTICLE prior to disclosing
 such records under this article.
   § 4. This act shall take effect immediately.

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Senate Bill S4595

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S4595 (ACTIVE) - Details

2023-S4595 (ACTIVE) - Summary

2023-S4595 (ACTIVE) - Sponsor Memo

2023-S4595 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4595

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Sponsored By

Anthony H. Palumbo

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Patrick M. Gallivan

Mario R. Mattera

Peter Oberacker

Daniel G. Stec

2023-S4595 (ACTIVE) - Details

2023-S4595 (ACTIVE) - Summary

2023-S4595 (ACTIVE) - Sponsor Memo

2023-S4595 (ACTIVE) - Bill Text download pdf

Comments