Bill Text: NY S07298 | 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 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07298 Detail]

Download: New_York-2021-S07298-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7298

                               2021-2022 Regular Sessions

                    IN SENATE

                                      July 21, 2021
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
        S. 7298                             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.