S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2074--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. BERGER, PHEFFER AMATO, WIEDER, WILLIAMS, BUTTENS-
   CHON,  EICHENSTEIN, YEGER, WOERNER, STERN, P. CARROLL, SAYEGH, KASSAY,
   GRIFFIN -- read once and referred to  the  Committee  on  Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  executive  law  and the public officers law, in
   relation to the sealing of  certain  claims  against  law  enforcement
   officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 it is of critical importance that law enforcement officers who dutifully
 serve our communities shall always have available to them  the  opportu-
 nity  to,  among  other  things,  secure loans for homeownership, pursue
 further employment, and participate fully in the life of  the  community
 in which they reside. The legislature further finds that the prospect of
 their  being  able to do the aforementioned is dampened by the fact that
 currently, an  unfounded,  unsubstantiated,  or  exonerated  claim  made
 against  a law enforcement officer remains in their respective personnel
 record, and, absent language in their applicable  collective  bargaining
 agreement,  there  exists  no  method  of recourse for them to have such
 claims removed from their record. Unfounded claims are those claims that
 are made against law enforcement officers that, upon investigation,  are
 determined  to lack factual basis and are dismissed without disciplinary
 actions or criminal charges; unsubstantiated  claims  are  claims  that,
 upon  investigation, are shown not to have sufficient evidence to either
 prove or disprove a complaint; exonerated claims  are  claims  that  are
 made  against  a  law  enforcement  officer  where  the  alleged conduct
 occurred but was determined to be lawful. It is, therefore,  the  intent
 of  the  legislature  to  strike  a delicate balance between maintaining
 transparency regarding previous conduct of law enforcement officers, how
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00907-04-5
              

 A. 2074--A                          2
 
 police departments investigate and adjudicate claims of misconduct,  and
 policing  procedures more generally, and ensuring that unfounded, unsub-
 stantiated, and exonerated claims made against law enforcement  officers
 do  not  unjustly  cast  a  permanent shadow over an otherwise admirable
 career in public service.
   § 2. The executive law is amended by adding a  new  section  845-f  to
 read as follows:
   §  845-F.  SEALING OF CERTAIN CLAIMS AGAINST LAW ENFORCEMENT OFFICERS.
 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "UNFOUNDED CLAIM" SHALL MEAN  ANY  COMPLAINT  OR  ALLEGATION  MADE
 AGAINST  A  LAW  ENFORCEMENT OFFICER THAT, UPON INVESTIGATION, IS DETER-
 MINED TO LACK FACTUAL BASIS AND IS DISMISSED WITHOUT DISCIPLINARY ACTION
 OR CRIMINAL CHARGES.
   (B) "UNSUBSTANTIATED CLAIM" SHALL MEAN  ANY  COMPLAINT  OR  ALLEGATION
 MADE  AGAINST  A  LAW ENFORCEMENT OFFICER THAT, UPON INVESTIGATION, DOES
 NOT HAVE SUFFICIENT EVIDENCE TO EITHER PROVE OR DISPROVE SUCH  COMPLAINT
 OR  ALLEGATION.    FOR PURPOSES OF THIS SECTION, "UNSUBSTANTIATED CLAIM"
 SHALL INCLUDE COMPLAINTS OR ALLEGATIONS REFERRED TO BY MUNICIPALITIES OR
 OTHER ENTITIES AS "UNDETERMINED" OR  ANY  OTHER  DESIGNATION  INDICATING
 INSUFFICIENT  EVIDENCE  TO  EITHER  PROVE  OR DISPROVE SUCH COMPLAINT OR
 ALLEGATION.
   (C) "EXONERATED CLAIM" SHALL MEAN ANY  COMPLAINT  OR  ALLEGATION  MADE
 AGAINST A LAW ENFORCEMENT OFFICER WHERE THE ALLEGED CONDUCT OCCURRED BUT
 WAS DEEMED LAWFUL AND PROPER.
   (D)  "LAW  ENFORCEMENT OFFICER" SHALL MEAN A POLICE OFFICER AS DEFINED
 IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20  OF  THE  CRIMINAL  PROCEDURE
 LAW.
   (E)  "SEAL"  OR  "SEALING"  SHALL MEAN THE PROCESS BY WHICH RECORDS OF
 UNFOUNDED CLAIMS ARE RENDERED INACCESSIBLE TO THE PUBLIC,  WITH  LIMITED
 EXCEPTIONS AS SET FORTH IN THIS SECTION.
   (F)  "TECHNICAL  INFRACTION"  SHALL  MEAN  A MINOR RULE VIOLATION BY A
 POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
 THE CRIMINAL PROCEDURE LAW, SOLELY RELATED TO THE ENFORCEMENT OF  ADMIN-
 ISTRATIVE  DEPARTMENTAL  RULES THAT (I) DO NOT INVOLVE INTERACTIONS WITH
 MEMBERS OF THE PUBLIC, (II) ARE NOT OF PUBLIC CONCERN, AND (III) ARE NOT
 OTHERWISE CONNECTED TO SUCH PERSON'S INVESTIGATIVE, ENFORCEMENT,  TRAIN-
 ING, SUPERVISION, OR REPORTING RESPONSIBILITIES.
   2. SEALING OF UNFOUNDED CLAIMS, UNSUBSTANTIATED CLAIMS, AND EXONERATED
 CLAIMS.   (A) ANY UNFOUNDED CLAIM MADE AGAINST A LAW ENFORCEMENT OFFICER
 SHALL BE AUTOMATICALLY SEALED  UPON  FINAL  DETERMINATION  OF  UNFOUNDED
 STATUS.
   (B)  ANY EXONERATED CLAIM MADE AGAINST A LAW ENFORCEMENT OFFICER SHALL
 BE AUTOMATICALLY SEALED UPON FINAL DETERMINATION OF EXONERATED STATUS.
   (C) ANY UNSUBSTANTIATED CLAIM MADE AGAINST A LAW  ENFORCEMENT  OFFICER
 SHALL  BE AUTOMATICALLY SEALED THREE YEARS AFTER THE FINAL DETERMINATION
 OF UNSUBSTANTIATED STATUS, PROVIDED THAT WITHIN THOSE  THREE  YEARS,  NO
 FOUNDED  CLAIMS  OR DISCIPLINARY ACTIONS HAVE OCCURRED.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, A TECHNICAL INFRACTION, AS DEFINED IN  PARA-
 GRAPH  (F)  OF  SUBDIVISION  ONE OF THIS SECTION, SHALL NOT CONSTITUTE A
 CLAIM  OR  DISCIPLINARY  ACTION  THAT  DELAYS,  SUSPENDS,  OR  OTHERWISE
 PRECLUDES  THE  SEALING  OF  CLAIMS  AGAINST LAW ENFORCEMENT OFFICERS AS
 PROVIDED IN THIS SECTION.
   3. EXCEPTIONS AND ACCESS TO SEALED  RECORDS.  (A)  SEALED  RECORDS  OF
 UNFOUNDED CLAIMS SHALL REMAIN ACCESSIBLE TO:
 A. 2074--A                          3
 
   (I)  LAW  ENFORCEMENT  AGENCIES  FOR  THE PURPOSE OF INTERNAL INVESTI-
 GATIONS OR AUDITS;
   (II)  THE NEW YORK STATE ATTORNEY GENERAL'S OFFICE AND DISTRICT ATTOR-
 NEYS FOR PROSECUTORIAL PURPOSES, IF  RELEVANT  TO  A  CRIMINAL  INVESTI-
 GATION; AND
   (III)  THE  CIVILIAN  COMPLAINT REVIEW BOARD OR OTHER AUTHORIZED OVER-
 SIGHT BODIES DURING AN ACTIVE INVESTIGATION INVOLVING AN OFFICER.
   (B) SEALED RECORDS SHALL NOT BE DISCLOSED OR  MADE  AVAILABLE  TO  THE
 PUBLIC, MEDIA, OR ANY NON-AUTHORIZED ENTITIES.
   4.  IMPLEMENTATION  AND  RESPONSIBILITIES.  (A)  THE DIVISION SHALL BE
 RESPONSIBLE FOR OVERSEEING THE IMPLEMENTATION OF THIS SECTION, INCLUDING
 BUT NOT LIMITED TO:
   (I) ENSURING THAT ALL ELIGIBLE UNFOUNDED CLAIMS ARE SEALED IN  ACCORD-
 ANCE WITH THE TIMELINES SPECIFIED IN THIS SECTION; AND
   (II)  MAINTAINING  A  SECURE  AND  CONFIDENTIAL SYSTEM FOR STORING AND
 ACCESSING SEALED RECORDS IN ACCORDANCE WITH THIS SECTION.
   (B) LAW ENFORCEMENT AGENCIES SHALL BE REQUIRED TO UPDATE THEIR RECORDS
 MANAGEMENT SYSTEMS TO COMPLY WITH THE PROVISIONS OF THIS SECTION AND  TO
 REPORT COMPLIANCE TO THE DIVISION ANNUALLY.
   §  3.  Paragraphs  (c) and (d) of subdivision 2-b of section 89 of the
 public officers law, as added by chapter 96 of the  laws  of  2020,  are
 amended  and  three new paragraphs (e), (f) and (g) are added to read as
 follows:
   (c) any social security numbers; [or]
   (d) disclosure of the use of an employee  assistance  program,  mental
 health  service,  or  substance  abuse  assistance  service  by a person
 employed by a law enforcement agency as defined in section eighty-six of
 this article as a police  officer,  peace  officer,  or  firefighter  or
 firefighter/paramedic,  unless such use is mandated by a law enforcement
 disciplinary proceeding that may otherwise be disclosed pursuant to this
 article[.];
   (E) UNFOUNDED CLAIMS, AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  ONE
 OF SECTION EIGHT HUNDRED FORTY-FIVE-F OF THE EXECUTIVE LAW, MADE AGAINST
 A  POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW;
   (F) EXONERATED CLAIMS, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION  ONE
 OF SECTION EIGHT HUNDRED FORTY-FIVE-F OF THE EXECUTIVE LAW, MADE AGAINST
 A  POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW; OR
   (G) UNSUBSTANTIATED CLAIMS, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-F OF  THE  EXECUTIVE  LAW,  MADE
 AGAINST  A  POLICE  OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, THREE YEARS  AFTER  DETERMI-
 NATION  OF  UNSUBSTANTIATED  STATUS,  PROVIDED  THAT  WITHIN THOSE THREE
 YEARS,  NO  FOUNDED  CLAIMS  OR  DISCIPLINARY  ACTIONS  HAVE   OCCURRED.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A TECHNICAL INFRACTION, AS
 DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-F  OF  THE  EXECUTIVE  LAW,  SHALL  NOT CONSTITUTE A CLAIM OR
 DISCIPLINARY ACTION THAT DELAYS, SUSPENDS, OR  OTHERWISE  PRECLUDES  THE
 SEALING  OF  CLAIMS AGAINST LAW ENFORCEMENT OFFICERS AS PROVIDED IN THIS
 SECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.