New York Senate Bill S08910 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8910  IN SENATE March 27, 2024 ___________ Introduced by Sen. WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to the disclosure of law enforcement personnel records; and to repeal certain provisions of the public officers law related thereto 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 of police officers, firefighters and 4 correction officers. 1. All personnel records used to evaluate perform- 5 ance toward continued employment or promotion, under the control of any 6 police agency or department of the state or any political subdivision 7 thereof including authorities or agencies maintaining police forces of 8 individuals defined as police officers in section 1.20 of the criminal 9 procedure law and such personnel records under the control of a sher- 10 iff's department or a department of correction of individuals employed 11 as correction officers and such personnel records under the control of a 12 paid fire department or force of individuals employed as firefighters or 13 firefighter/paramedics and such personnel records under the control of 14 the department of corrections and community supervision for individuals 15 defined as peace officers pursuant to subdivisions twenty-three and 16 twenty-three-a of section 2.10 of the criminal procedure law and such 17 personnel records under the control of a probation department for indi- 18 viduals defined as peace officers pursuant to subdivision twenty-four of 19 section 2.10 of the criminal procedure law shall be considered confiden- 20 tial and not subject to inspection or review without the express written 21 consent of such police officer, firefighter, firefighter/paramedic, 22 correction officer or peace officer within the department of corrections 23 and community supervision or probation department except as may be 24 mandated by lawful court order. 25 2. Prior to issuing such court order the judge must review all such 26 requests and give interested parties the opportunity to be heard. No EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15025-01-4 
 S. 8910 2 1 such order shall issue without a clear showing of facts sufficient to 2 warrant the judge to request records for review. 3 3. If, after such hearing, the judge concludes there is a sufficient 4 basis he shall sign an order requiring that the personnel records in 5 question be sealed and sent directly to him. He shall then review the 6 file and make a determination as to whether the records are relevant and 7 material in the action before him. Upon such a finding the court shall 8 make those parts of the record found to be relevant and material avail- 9 able to the persons so requesting. 10 4. The provisions of this section shall not apply to any district 11 attorney or his assistants, the attorney general or his deputies or 12 assistants, a county attorney or his deputies or assistants, a corpo- 13 ration counsel or his deputies or assistants, a town attorney or his 14 deputies or assistants, a village attorney or his deputies or assist- 15 ants, a grand jury, or any agency of government which requires the 16 records described in subdivision one of this section, in the furtherance 17 of their official functions. 18 § 2. Subdivisions 6, 7, 8 and 9 of section 86 of the public officers 19 law are REPEALED. 20 § 3. Subdivisions 4-a and 4-b of section 87 of the public officers law 21 are REPEALED. 22 § 4. Subdivisions 2-b and 2-c of section 89 of the public officers law 23 are REPEALED. 24 § 5. This act shall take effect immediately.