Bill Text: NY A01758 | 2023-2024 | General Assembly | Introduced

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Bill Title: Exempts statements of victims and witnesses relating to sexual abuse or misconduct from disclosure under FOIL provisions.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A01758 Detail]

Download: New_York-2023-A01758-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1758

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by  M.  of  A. LAVINE, COLTON, COOK, WILLIAMS, J. M. GIGLIO,
          DICKENS -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, HEVESI,  HYNDMAN
          -- read once and referred to the Committee on Governmental Operations

        AN  ACT  to  amend  the  public  officers  law, in relation to exempting
          certain statements relating to sexual abuse or misconduct from disclo-
          sure

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (e) of subdivision 2 of section 87 of the public
     2  officers law, as amended by chapter 155 of the laws of 2022, is  amended
     3  to read as follows:
     4    (e)  are compiled for law enforcement purposes only to the extent that
     5  disclosure would:
     6    i.  interfere  with  law  enforcement   investigations   or   judicial
     7  proceedings,  provided however, that any agency, which is not conducting
     8  the investigation that the requested records relate to, that is  consid-
     9  ering denying access pursuant to this subparagraph shall receive confir-
    10  mation  from  the law enforcement or investigating agency conducting the
    11  investigation that disclosure of such records  will  interfere  with  an
    12  ongoing investigation;
    13    ii.  deprive  a person of a right to a fair trial or impartial adjudi-
    14  cation;
    15    iii. identify a confidential source or disclose confidential  informa-
    16  tion relating to a criminal investigation; [or]
    17    iv.  reveal  criminal  investigative  techniques or procedures, except
    18  routine techniques and procedures; or
    19    v. reveal any statement made by a witness or victim relating to sexual
    20  abuse or misconduct;
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02752-01-3