NY State Senate Bill 2023-S6267

Senate Bill S6267

2023-2024 Legislative Session

Allows 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

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Current Bill Status - In Senate Committee Cities 1 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Apr 10, 2023	referred to cities 1

co-Sponsors

2023-S6267 (ACTIVE) - Details

See Assembly Version of this Bill:: A370
Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Add §442, NYC Chart
Versions Introduced in 2021-2022 Legislative Session:: A8062

2023-S6267 (ACTIVE) - Summary

Allows 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.

2023-S6267 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6267

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA:

The purpose of this bill is to grant. New York City's Civilian Complaint
Review Board ("Board") access to certain sealed and confidential records
in furtherance of the Board's duties and functions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would add a new section 442 to Chapter 18-A of
the New York City Charter to provide that, notwithstanding any other
provision of state or local law, the Board must be granted access to any
sealed record, or any record that is confidential pursuant to section

50-b of the Civil Rights Law, as long as this access is in furtherance
of the Board's duties and functions. This new section also provides
that, once the Board receives sealed records, access to those records
will be limited only to members and employees of the Board who have
direct involvement in the matter requiring use of the records. These
records will generally not be shared outside the Board and will at all
times need to be clearly marked as sealed. However, the Board will be
allowed to disclose sealed records to a public agency for the purpose of
a referral for prosecution or investigation, or in furtherance of a
disciplinary proceeding. The Board will also be allowed to disclose
sealed records to the employee, who is the subject of a disciplinary
proceeding, or that employee's representative, subject to appropriate
protections.

The new section contains a number of confidentiality protections related
to the handling of records obtained by the Board, including notification
of those who are protected by confidentiality as well as destruction or
return of, records when the Board no longer has need of them. The Board
will be required to establish protocols in consultation with the City's
Chief Privacy Officer to govern the proper acquisition, use, storage,
and other handling and disposition of, and access to, records obtained
pursuant to the new section.  Public agencies, employees subject to a
disciplinary proceeding, and those employees' representatives who
receive sealed records from the Board, pursuant to this new section,
will be subject to the Board protocols and other confidentiality
protections similar to those applicable to the Board.

Section two of the bill provides that it would take effect immediately.

 
JUSTIFICATION:

The Board receives numerous complaints alleging racial bias in policing.
Racial profiling can lead to arrests and/or proceedings that are
dismissed and sealed. Access to such sealed records is important to the
Board's ability to conduct bias-based policing investigations because
sealed information can help the Board identify a pattern of biased
behavior.
Further, civilians who have been arrested sometimes are not able to have
their complaints fully investigated by the Board because the arrest
records in many cases were sealed, and the Board is unable to get full
access to the records to determine whether the civilians' allegations of
misconduct should have been substantiated. Providing the Board with
access to sealed records would not only be useful to the thorough,
effective, and timely investigation and resolution of individual civil-
ian complaints, it would also be valuable to the ongoing review of
police conduct and to the improvement of community relations with the
City Police Department. Access to sealed records will also allow the
Board to provide concrete, empirical and anecdotal evidence as to the
effectiveness of reform efforts.

This bill strikes a balance between the police accountability that
underlies the mission of the Board and the important policy of maintain-
ing the confidentiality of sealed records (as well as records that are
confidential under Civil Rights Law section 50-b). This balance is
achieved by including many strict requirements governing the proper use
and handling of any sealed records shared with the Board, which will
provide necessary assurance to those who are protected by the laws and
policies governing confidentiality. Given that the Board is an integral
part of the review of police officer conduct, it is consistent with the
goals of police accountability that it be able to access records of the
very conduct that it is required to investigate.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6267 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6267
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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
 S. 6267                             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.
 S. 6267                             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.

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Senate Bill S6267

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Sponsored By

Jamaal T. Bailey