Senate Bill S8910

2023-2024 Legislative Session

Relates to the disclosure of law enforcement personnel records; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S8910 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §50-a, Civ Rts L; rpld §89 subs 6 - 9, §87 subs 4-a & 4-b, §89 subs 2-b & 2-c, Pub Off L

2023-S8910 (ACTIVE) - Summary

Relates to the disclosure of law enforcement personnel records; provides that law enforcement personnel records shall be considered confidential and not subject to inspection or review without the express written consent of such law enforcement officers except as mandated by lawful court order.

2023-S8910 (ACTIVE) - Sponsor Memo

2023-S8910 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8910
 
                             I N  S E N A T E
 
                              March 27, 2024
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to the  disclosure  of
   law enforcement personnel records; and to repeal certain provisions of
   the public officers law related thereto
 
   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,  FIREFIGHTERS  AND
 CORRECTION OFFICERS. 1. ALL PERSONNEL RECORDS USED TO EVALUATE  PERFORM-
 ANCE  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 SHER-
 IFF'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 SHALL BE CONSIDERED CONFIDEN-
 TIAL 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15025-01-4

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