Senate Bill S4595

2023-2024 Legislative Session

Relates to limiting certain disclosure of law enforcement disciplinary records

download bill text pdf

Sponsored By

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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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
2025-2026: S147

2023-S4595 (ACTIVE) - Summary

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

2023-S4595 (ACTIVE) - Sponsor Memo

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
              

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