NY State Senate Bill 2025-S4117

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2025	referred to codes

2025-S4117 (ACTIVE) - Details

See Assembly Version of this Bill:: A2074
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §845-f, Exec L; amd §89, Pub Off L

2025-S4117 (ACTIVE) - Summary

Provides for the sealing of unfounded, unsubstantiated and exonerated claims made against law enforcement officers; requires such claims to be redacted from disciplinary records.

2025-S4117 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4117

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the executive law and the public officers law, in
relation to the sealing of certain claims against law enforcement offi-
cers

 
PURPOSE OR GENERAL IDEA OF BILL:

To automatically seal unsubstantiated, unfounded, and exonerated claims
against law enforcement officers after specified time periods, ensuring
that baseless allegations no longer permanently affect their records,
while maintaining accountability for legitimate disciplinary actions.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides the legislative intent

Section 2 of the bill creates a new § 845-f of the executive law, and
subdivision 1 of section 2 defines relevant terms. This subdivision also

outlines what will happen to a law enforcement officer's record if a
claim against the law enforcement officer was unsubstantiated or
unfounded. Subdivision 3 of section 2 lists exceptions to the sealing
process described in subdivision 1 of section 2, and subdivision 4 of
section 2 explains that the Division of State Police would implement and
oversee this law.

Section 3 of the bill adds new paragraphs (e),(f),and (g) to subdivision
2 -b of § 89 if the public officers law. These new paragraphs clarify
that unfounded, unsubstantiated, and exonerated claims shall be redacted
after the claims have aged for the appropriate time periods.

Section 4 of the bill provides the effective date.

 
JUSTIFICATION:

Several years ago, the State Legislature repealed § 50-a on the basis
that it created a legal shield which prohibited disclosure of known
misconduct Law enforcement officers hold significant power in their
roles and there is no debate as to the need for public transparency
regarding their records of conduct. However, with the repeal of § 50 -a,
unfounded, unsubstantiated, and exonerated claims are now publicly
available. These are claims that can't be proven or where there is
evidence that the claim is simply untrue.  This legislation balances
transparency to the public while recognizing that these specific types
of claims are either false or unproven, not a conviction. Claims such as
these should not be on the public record forever; however, law enforce-
ment officers who are subject to unfounded, unsubstantiated, or exoner-
ated claims may be forced to bear the burden of these allegations their
entire life. For these officers, this could mean increased difficulty in
securing loans for homeownership, pursuing further employment, and
participating fully in the life of the community in which they reside.
In an era when retention rates are low for law enforcement officers, we
must remove obstacles which push people away from public service.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:;
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.

2025-S4117 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4117
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00907-05-5

 S. 4117                             2
 
 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:
   (I) LAW ENFORCEMENT AGENCIES FOR  THE  PURPOSE  OF  INTERNAL  INVESTI-
 GATIONS OR AUDITS;
 S. 4117                             3
 
   (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.

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Senate Bill S4117

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S4117 (ACTIVE) - Details

2025-S4117 (ACTIVE) - Summary

2025-S4117 (ACTIVE) - Sponsor Memo

2025-S4117 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4117

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Sponsored By

Jessica Scarcella-Spanton

Current Bill Status - In Senate Committee Codes Committee

2025-S4117 (ACTIVE) - Details

2025-S4117 (ACTIVE) - Summary

2025-S4117 (ACTIVE) - Sponsor Memo

2025-S4117 (ACTIVE) - Bill Text download pdf

Comments