Bill Text: NY S08428 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the disclosure of certain information when an agency responds to a request for law enforcement disciplinary records, including information a victim alleges regarding sexual misconduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-28 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08428 Detail]

Download: New_York-2021-S08428-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8428

                    IN SENATE

                                    February 28, 2022
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the public officers law, in relation to  the  disclosure
          of law enforcement officer's disciplinary records

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

     1    Section 1. Section 87 of the public officers law is amended by  adding
     2  a new subdivision 4-c to read as follows:
     3    4-c.  An  agency responding to a request for law enforcement discipli-
     4  nary records as defined in section eighty-six of this article shall  not
     5  deny access to such records or portions thereof on the grounds that such
     6  records:
     7    (a)   constitute  an  unwarranted  invasion  of  personal  privacy  as
     8  described in paragraph (b) of subdivision two of  this  section  because
     9  such  records  concern complaints, allegations, or charges that have not
    10  yet been determined, did not result in disciplinary action, or  resulted
    11  in a disposition or finding other than substantiated or guilty;
    12    (b)  are  compiled  for law enforcement purposes as described in para-
    13  graph (e) of subdivision two of this section;
    14    (c) are inter-agency or intra-agency materials as described  in  para-
    15  graph (g) of subdivision two of this section;
    16    (d)  are  or  were  designated  as  confidential, secret, or otherwise
    17  private by a private agreement, including but not limited to  a  settle-
    18  ment, stipulation, contract, or collective bargaining agreement; or
    19    (e) were created prior to the effective date of this subdivision.
    20    §  2.   Paragraphs (c) and (d) of subdivision 2-b of section 89 of the
    21  public officers law, as added by chapter 96 of the  laws  of  2020,  are
    22  amended and a new paragraph (e) is added to read as follows:
    23    (c) any social security numbers; [or]
    24    (d)  disclosure  of  the use of an employee assistance program, mental
    25  health service, or  substance  abuse  assistance  service  by  a  person
    26  employed by a law enforcement agency as defined in section eighty-six of
    27  this  article  as  a  police  officer,  peace officer, or firefighter or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14312-01-2
        S. 8428                             2

     1  firefighter/paramedic, unless such use is mandated by a law  enforcement
     2  disciplinary proceeding that may otherwise be disclosed pursuant to this
     3  article[.]; or
     4    (e)  the  name  or  other personal identifying information of a person
     5  included in a law enforcement disciplinary record, where that person  is
     6  alleged  to  have been the victim of sexual misconduct. For the purposes
     7  of this section, the term "sexual misconduct" encompasses misconduct  of
     8  a  sexual nature or motivated in whole or in part by the person's actual
     9  or perceived gender or gender presentation alleged by a person against a
    10  member of a law enforcement agency. Sexual misconduct includes,  but  is
    11  not  limited  to, the following examples of misconduct: verbal, digital,
    12  and written sexual harassment; sexual harassment using physical gestures
    13  and expressions; sexual humiliation; sexual intimidation  and  coercion;
    14  taking  unwarranted photographs or videos or voyeuristic actions; use of
    15  personal information, including telephone numbers, obtained  from  indi-
    16  viduals  in the course of duty for other than legitimate purposes; sexu-
    17  ally motivated police actions such as  stops,  summonses,  searches,  or
    18  arrests;  sexual  or  romantic  propositions; and any intentional bodily
    19  contact of a sexual nature, including but not limited to, groping, sexu-
    20  al assault, rape, and engaging in sexual activity while on duty.
    21    § 3. This act shall take effect immediately.