NY State Senate Bill 2023-S7089

Senate Bill S7089

2023-2024 Legislative Session

Prevents unfounded complaints against police officers, peace officers, firefighters, correction officers, and emergency medical service providers from being disclosed or added to personnel records

download bill text pdf

Archive: Last 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
May 17, 2023	referred to investigations and government operations

2023-S7089 (ACTIVE) - Details

See Assembly Version of this Bill:: A2727
Current Committee:: Senate Investigations And Government Operations
Law Section:: Civil Rights Law
Laws Affected:: Add §50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A9574
2025-2026: S511

2023-S7089 (ACTIVE) - Summary

Prevents unfounded complaints against police officers, peace officers, firefighters, correction officers and emergency medical service providers from being disclosed or added to such police officer, peace officer, firefighter, correction officer or emergency medical service provider's personnel record.

2023-S7089 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7089

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to preventing
unfounded complaints against police officers, peace officers, firefight-
ers, correction officers and emergency medical service providers from
being disclosed or added to a personnel record

 
PURPOSE:

No information regarding a complaint against a police officer, peace
officer, firefighter, correction officer or emergency medical service,
provider which was investigated and determined to be unfounded shall be
included in their personnel record.

 
SUMMARY OF PROVISIONS:

Section 1. Adds section 50-a to the civil rights law, guaranteeing the
confidentiality of portions of first responders' personnel records which
contain unfounded complaints and provides definitions, exceptions and

procedures for appealing the confidentiality of these records by court
order.

Section 2. Effective date.

 
JUSTIFICATION:

Our first responders place their lives at risk to keep New Yorkers safe.
Unfortunately, in a time of significant scrutiny of our emergency insti-
tutions, many of our first responders experience unwarranted accusations
that affect their professional records. These unproven claims can result
in their dismissal and disqualification from advancement or from pursu-
ing other careers of esteem. This legislation would rectify this issue
by ensuring that any complaints which are investigated and then deter-
mined to be unfounded shall be considered confidential except as
mandated by an official court order,

 
LEGISLATIVE HISTORY:

2022 A.9574

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S7089 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7089
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to  amend  the  civil  rights  law,  in  relation  to  preventing
   unfounded  complaints  against  police officers, peace officers, fire-
   fighters, correction officers and emergency medical service  providers
   from being disclosed or added to a personnel record
 
   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 OF POLICE OFFICERS, PEACE OFFICERS, FIRE-
 FIGHTERS, CORRECTION OFFICERS AND EMERGENCY MEDICAL  SERVICE  PROVIDERS.
 1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "PERSONNEL RECORD" SHALL
 MEAN 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 IN 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 TWENTY-THREE AND
 TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW  AND  SUCH
 PERSONNEL  RECORDS UNDER THE CONTROL OF A PROBATION DEPARTMENT FOR INDI-
 VIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY-FOUR OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND  SUCH  PERSONNEL  RECORDS
 UNDER  THE CONTROL OF AN EMERGENCY MEDICAL SERVICE PROVIDER WHO PROVIDES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07249-01-3

 S. 7089                             2
 
 EMERGENCY MEDICAL SERVICE AS DEFINED IN SECTION THREE  THOUSAND  ONE  OF
 THE  PUBLIC  HEALTH  LAW  FOR  INDIVIDUALS WHO PROVIDE EMERGENCY MEDICAL
 SERVICES.
   2.  (A)  ANY  PART  OF  A  PERSONNEL RECORD WHICH CONTAINS INFORMATION
 REGARDING A COMPLAINT  WHICH  WAS  INVESTIGATED  AND  DETERMINED  TO  BE
 UNFOUNDED 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  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION OR
 PROBATION DEPARTMENT, OR EMERGENCY MEDICAL SERVICE  PROVIDER  EXCEPT  AS
 MAY BE MANDATED BY LAWFUL COURT ORDER.
   (B)  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.
   (C) IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS A  SUFFICIENT
 BASIS, THE JUDGE SHALL SIGN AN ORDER REQUIRING THAT THE RELEVANT PORTION
 OF SUCH PERSONNEL RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO THE
 COURT.  THE JUDGE SHALL THEN REVIEW THE FILE AND MAKE A DETERMINATION AS
 TO WHETHER THE RELEVANT PORTION OF SUCH RECORDS ARE RELEVANT AND MATERI-
 AL IN SUCH ACTION. UPON SUCH A FINDING THE COURT SHALL MAKE THOSE  PARTS
 OF THE RECORD FOUND TO BE RELEVANT AND MATERIAL AVAILABLE TO THE PERSONS
 SO REQUESTING.
   3.  NO  INFORMATION  REGARDING  A  COMPLAINT AGAINST A POLICE OFFICER,
 PEACE OFFICER, FIREFIGHTER, CORRECTION  OFFICER,  OR  EMERGENCY  MEDICAL
 SERVICE  PROVIDER  WHICH WAS INVESTIGATED AND DETERMINED TO BE UNFOUNDED
 SHALL BE INCLUDED IN SUCH POLICE OFFICER,  PEACE  OFFICER,  FIREFIGHTER,
 CORRECTION  OFFICER,  OR  EMERGENCY MEDICAL SERVICE PROVIDER'S PERSONNEL
 RECORD.
   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.

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