S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5700
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
   on Governmental 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
 EMERGENCY  MEDICAL  SERVICE  AS DEFINED IN SECTION THREE THOUSAND ONE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02131-01-5
              

 A. 5700                             2
 
 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 THEIR ASSISTANTS, THE ATTORNEY GENERAL OR THEIR DEPUTIES OR
 ASSISTANTS, A COUNTY ATTORNEY OR THEIR DEPUTIES OR ASSISTANTS, A  CORPO-
 RATION COUNSEL OR THEIR DEPUTIES OR ASSISTANTS, A TOWN ATTORNEY OR THEIR
 DEPUTIES  OR ASSISTANTS, A VILLAGE ATTORNEY OR THEIR DEPUTIES OR ASSIST-
 ANTS, 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.