Bill Text: NY A06599 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for the confidentiality of personnel records of police officers, firefighters, correction officers and probation officers.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A06599 Detail]

Download: New_York-2021-A06599-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6599

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 19, 2021
                                       ___________

        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the civil rights law, in relation to the confidentiality
          of  personnel  records  of  police  officers, firefighters, correction
          officers and probation officers

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

     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  50-a to read as follows:
     3    § 50-a. Personnel records; confidentiality of police  officers,  fire-
     4  fighters,  correction  officers and probation officers. 1. All personnel
     5  records used to evaluate  performance  toward  continued  employment  or
     6  promotion,  under  the control of any police agency or department of the
     7  state or any political  subdivision  thereof  including  authorities  or
     8  agencies  maintaining  police  forces  of  individuals defined as police
     9  officers pursuant to subdivision thirty-four  of  section  1.20  of  the
    10  criminal procedure law and such personnel records under the control of a
    11  sheriff's  department  or  a  department  of  correction  of individuals
    12  employed as correction officers and such  personnel  records  under  the
    13  control  of  a  paid fire department or force of individuals employed as
    14  firefighters or firefighter/paramedics and such personnel records  under
    15  the  control  of the department of corrections and community supervision
    16  for individuals defined as peace officers pursuant to subdivisions twen-
    17  ty-three and twenty-three-a of section 2.10 of  the  criminal  procedure
    18  law  and such personnel records under the control of a probation depart-
    19  ment for individuals defined as peace officers pursuant  to  subdivision
    20  twenty-four  of  section  2.10  of  the  criminal procedure law shall be
    21  considered confidential and not subject to inspection or review  without
    22  the  express  written  consent  of  such  police  officer,  firefighter,
    23  firefighter/paramedic, correction officer or peace  officer  within  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08812-01-1
        A. 6599                             2

     1  department of corrections and community supervision or probation depart-
     2  ment except as may be mandated by lawful court order.
     3    2.  Prior  to  issuing such court order the judge must review all such
     4  requests and give interested parties the opportunity  to  be  heard.  No
     5  such  order  shall  issue without a clear showing of facts sufficient to
     6  warrant the judge to request records for review.
     7    3. If, after such hearing, the judge concludes there is  a  sufficient
     8  basis he or she shall sign an order requiring that the personnel records
     9  in  question  be sealed and sent directly to him or her. He or she shall
    10  then review the file and make a determination as to whether the  records
    11  are  relevant  and  material  in the action before him or her. Upon such
    12  finding the court shall make those parts of the record found to be rele-
    13  vant and material available to the persons so requesting.
    14    4. The provisions of this section shall  not  apply  to  any  district
    15  attorney  or  his  or her assistants, the attorney general or his or her
    16  deputies or assistants, a county attorney or  his  or  her  deputies  or
    17  assistants,  a corporation counsel or his or her deputies or assistants,
    18  a town attorney or his or her deputies or assistants, a village attorney
    19  or his or her deputies or assistants, a grand jury,  or  any  agency  of
    20  government  which  requires  the records described in subdivision one of
    21  this section, in the furtherance of their official functions.
    22    § 2. This act shall take effect immediately.