NY State Senate Bill 2025-S7593

Senate Bill S7593

2025-2026 Legislative Session

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers

download bill text pdf

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
Apr 23, 2025	referred to codes

2025-S7593 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20, 160.50, 160.55, 160.58 & 160.59, CP L; amd §50-b, Civ Rts L; amd §§166, 375.1 & 381.3, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S7034

2025-S7593 (ACTIVE) - Summary

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

2025-S7593 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7593

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the criminal procedure law, the civil rights law and the
family court act, in relation to allowing access to sealed and protected
records to civilian law enforcement oversight entities conducting inves-
tigations and disciplinary proceedings for misconduct by police and
peace officers

 
PURPOSE:

To enable civilian oversight agencies in New York State to review police
records that may relate to police misconduct that are currently kept
from them.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new subdivision 46 to section 1.20 of the criminal
procedure law to provide a definition of a civilian law enforcement
oversight entity'

§ 2. Amends paragraph (d) of subdivision 1 of section 160.50 of the
criminal procedure law to allow a civilian law enforcement oversight
entity to review the records of a criminal action settled in favor of
the accused in furtherance of an open investigation or disciplinary
proceeding under the review of the civilian law enforcement oversight
entity.

§ 3. Amends paragraph (d) of subdivision 1 of section 160.55 of the
criminal procedure law to allow a civilian law enforcement oversight
entity to review the records of a criminal action settled by termination
by conviction of a noncriminal offense; entry of waiver; or administra-
tive findings if the records relate to an open investigation or disci-
plinary proceeding under the review of a civilian law enforcement over-
sight entity as part of furtherance of an open investigation or
disciplinary proceeding.

§ 4. Amends paragraphs (c) and (d) of subdivision 6 of section 160.58 of
the criminal procedure law, and adds a new paragraph (e), to include a
civilian law enforcement oversight entity to review conditionally sealed
records of related to certain controlled substance, marihuana or speci-
fied offense convictions in furtherance of an open investigation or
disciplinary proceeding under the review of the civilian law enforcement
oversight entity.

§ 5 . Amends paragraphs (d) and (e) of subdivision 9 of section 160.59
of in the possession of family court.

The country has seen an endless series of no-knock or quick-knock raids
at the wrong address, and, at least in New York, there is no way for the
public-or its law enforcement accountability entities like New York
City's Civilian Complaint Review Board-to find out what is going wrong,
or who is responsible. The records are simply kept from official third-
party competent review.



This legislation clarifies that specious arguments used to prevent
civilian oversight of police activity are not to be permitted, and are
not in the public interest.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2025-S7593 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7593
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the civil rights law and the
   family court act,  in  relation  to  allowing  access  to  sealed  and
   protected  records  to  civilian  law  enforcement  oversight entities
   conducting investigations and disciplinary proceedings for  misconduct
   by police and peace officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1.20 of the criminal procedure law  is  amended  by
 adding a new subdivision 46 to read as follows:
   46.  "CIVILIAN  LAW ENFORCEMENT OVERSIGHT ENTITY" MEANS AN ENTITY WITH
 RESPONSIBILITY FOR INVESTIGATING OR RECOMMENDING DISCIPLINE FOR A POLICE
 OFFICER OR PEACE OFFICER FOR MISCONDUCT THAT DOES NOT EMPLOY ANY CURRENT
 POLICE OFFICER OR PEACE OFFICER.
   § 2. Paragraph (d) of subdivision 1 of section 160.50 of the  criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d)  such  records shall be made available to the person accused or to
 such person's designated agent, and shall be made  available  to  (i)  a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
 enforcement agency upon ex parte motion in any superior court, or in any
 district court, city court or the criminal court of the city of New York
 provided that such court sealed the record, if such agency  demonstrates
 to the satisfaction of the court that justice requires that such records
 be  made  available to it, or (iii) any state or local officer or agency
 with responsibility for the issuance of licenses to possess  guns,  when
 the  accused  has  made  application for such a license, or (iv) the New
 York state department of corrections and community supervision when  the
 accused is on parole supervision as a result of conditional release or a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11751-01-5

 S. 7593                             2
 
 parole  release  granted  by the New York state board of parole, and the
 arrest which is the subject of the inquiry is one which  occurred  while
 the  accused was under such supervision, or (v) any prospective employer
 of  a  police  officer  or  peace  officer as those terms are defined in
 subdivisions thirty-three and thirty-four of section 1.20 of this  chap-
 ter, in relation to an application for employment as a police officer or
 peace  officer; provided, however, that every person who is an applicant
 for the position of police officer or peace officer shall  be  furnished
 with a copy of all records obtained under this paragraph and afforded an
 opportunity  to  make  an  explanation  thereto,  or  (vi) the probation
 department responsible for supervision of the accused  when  the  arrest
 which  is  the  subject  of  the inquiry is one which occurred while the
 accused was under such supervision, OR (VII) ANY CIVILIAN  LAW  ENFORCE-
 MENT  OVERSIGHT  ENTITY,  PROVIDED  THAT THE RECORDS AND PAPERS OBTAINED
 UNDER THIS PARAGRAPH RELATE TO AN  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING  AT  THE  CIVILIAN  LAW  ENFORCEMENT OVERSIGHT ENTITY AND ARE
 BEING USED IN FURTHERANCE OF THAT  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING; and
   §  3. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be made available to the person accused or to such  person's  designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in  which  the accused has moved for an order pursuant to section 170.56
 or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
 parte motion in any superior court, or in any district court, city court
 or  the  criminal court of the city of New York provided that such court
 sealed the record, if such agency demonstrates to  the  satisfaction  of
 the  court  that justice requires that such records be made available to
 it, or (iii) any state or local officer or  agency  with  responsibility
 for  the issuance of licenses to possess guns, when the accused has made
 application for such a license, or (iv) the New York state department of
 corrections and community supervision when the accused is  under  parole
 supervision as a result of conditional release or parole release granted
 by  the  New  York  state  board  of  parole and the arrest which is the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision of the accused when the  arrest  which  is  the  subject  of  the
 inquiry  is  one  which occurred while the accused was under such super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality
 and parole department, for law  enforcement  purposes,  upon  arrest  in
 instances  in which the individual stands convicted of harassment in the
 second degree, as defined in section 240.26 of the penal law,  committed
 against  a  member  of the same family or household as the defendant, as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined pursuant to subdivision eight-a of section 170.10 of  this  title,
 OR  (VII)  ANY  CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED THAT
 THE RECORDS AND PAPERS OBTAINED UNDER THIS PARAGRAPH RELATE TO  AN  OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF THAT OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING; and
   §  4. Paragraphs (c) and (d) of subdivision 6 of section 160.58 of the
 criminal procedure law, as added by section 3 of part AAA of chapter  56
 S. 7593                             3
 
 of  the  laws  of  2009, are amended and a new paragraph (e) is added to
 read as follows:
   (c)  any  state or local officer or agency with responsibility for the
 issuance of licenses to possess guns, when the person has made  applica-
 tion for such a license; [or]
   (d)  any  prospective employer of a police officer or peace officer as
 those terms are defined in subdivisions thirty-three and thirty-four  of
 section  1.20 of this chapter, in relation to an application for employ-
 ment as a police officer or peace officer; provided, however, that every
 person who is an applicant for the position of police officer  or  peace
 officer  shall  be  furnished  with a copy of all records obtained under
 this paragraph and afforded an opportunity to make an explanation there-
 to[.]; OR
   (E) ANY CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED  THAT  THE
 RECORDS  AND  PAPERS  OBTAINED  UNDER  THIS  PARAGRAPH RELATE TO AN OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF THAT OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 5. Paragraphs (d) and (e) of subdivision 9 of section 160.59 of  the
 criminal procedure law, as added by section 48 of part WWW of chapter 59
 of  the  laws  of  2017, are amended and a new paragraph (f) is added to
 read as follows:
   (d) any prospective employer of a police officer or peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of this chapter, in relation to an application for  employ-
 ment as a police officer or peace officer; provided, however, that every
 person  who  is an applicant for the position of police officer or peace
 officer shall be furnished with a copy of  all  records  obtained  under
 this paragraph and afforded an opportunity to make an explanation there-
 to; [or]
   (e)  the criminal justice information services division of the federal
 bureau of investigation, for the purposes of responding  to  queries  to
 the national instant criminal background check system regarding attempts
 to  purchase  or otherwise take possession of firearms, as defined in 18
 USC 921 (a) (3)[.]; OR
   (F) ANY CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY, PROVIDED  THAT  THE
 RECORDS  AND  PAPERS  OBTAINED  UNDER  THIS  PARAGRAPH RELATE TO AN OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF SUCH OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 6. Paragraph a of subdivision 2 of section 50-b of the civil  rights
 law,  as  amended by chapter 643 of the laws of 1999, is amended to read
 as follows:
   a. Any person charged with the commission of an offense, as defined in
 subdivision one of this section, against the same victim; the counsel or
 guardian of such person; the public officers  and  employees,  INCLUDING
 THE  EMPLOYEES OF CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITIES AS DEFINED
 IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, charged with the duty  of
 investigating,  prosecuting, keeping records relating to the offense, or
 any other act when done  pursuant  to  the  lawful  discharge  of  their
 duties; and any necessary witnesses for either party; or
   §  7.  Section  166  of  the  family  court  act is amended to read as
 follows:
   § 166. Privacy of records. The records of any proceeding in the family
 court shall not be open to indiscriminate  public  inspection.  However,
 the court in its discretion in any case may permit the inspection of any
 S. 7593                             4
 
 papers  or  records. Any duly authorized agency, association, society or
 institution to which a child is committed may cause an inspection of the
 record of investigation to be had and may in the discretion of the court
 obtain  a  copy  of  the whole or part of such record. THE PROVISIONS OF
 THIS SECTION SHALL ONLY APPLY TO RECORDS WITHIN THE  POSSESSION  OF  THE
 FAMILY COURT.
   §  8.  Subdivision  3  of  section  375.1  of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   3.  Records sealed pursuant to subdivision one shall be made available
 to the respondent or [his]  THEIR  designated  agent,  TO  CIVILIAN  LAW
 ENFORCEMENT  OVERSIGHT ENTITY AS DEFINED IN SECTION 1.20 OF THE CRIMINAL
 PROCEDURE LAW; PROVIDED THAT THE RECORDS AND PAPERS MADE AVAILABLE UNDER
 THIS  SUBDIVISION  RELATE  TO  AN  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING  AT  THE  CIVILIAN  LAW  ENFORCEMENT OVERSIGHT ENTITY AND ARE
 BEING USED IN FURTHERANCE OF SUCH  OPEN  INVESTIGATION  OR  DISCIPLINARY
 PROCEEDING,  and  the records and papers of a probation service shall be
 available to any probation service for the  purpose  of  complying  with
 subdivision four of section 308.1.
   §  9. Subdivision 2 of section 381.3 of the family court act, as added
 by chapter 920 of the laws of 1982, paragraph (b) as amended by  chapter
 926 of the laws of 1982, is amended to read as follows:
   2. Notwithstanding the provisions of subdivision one, the family court
 in the county in which the petition was adjudicated may, upon motion and
 for good cause shown, order such records open:
   (a)  to the respondent or [his] THEIR parent or person responsible for
 [his] THEIR care; [or]
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of the court in which [he] SUCH RESPONDENT was  convicted,  unless  such
 record has been sealed pursuant to section 375.1; OR
   (C)  TO  ANY  CIVILIAN  LAW ENFORCEMENT OVERSIGHT ENTITY AS DEFINED IN
 SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; PROVIDED  THAT  THE  RECORDS
 AND  PAPERS  MADE  AVAILABLE  UNDER  THIS  SUBDIVISION RELATE TO AN OPEN
 INVESTIGATION OR DISCIPLINARY PROCEEDING AT THE CIVILIAN LAW ENFORCEMENT
 OVERSIGHT ENTITY AND ARE BEING USED IN FURTHERANCE OF SUCH OPEN INVESTI-
 GATION OR DISCIPLINARY PROCEEDING.
   § 10. This act shall take effect immediately.

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