New York Senate Bill S00111 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 111 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, MURRAY, OBERACKER, PALUMBO, RHOADS, WEBER, 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 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00729-01-5 
 S. 111 2 1 firefighter/paramedic, correction officer or peace officer within the 2 department of corrections and community supervision or probation depart- 3 ment except as may be mandated by lawful court order. 4 2. Prior to issuing such court order the judge must review all such 5 requests and give interested parties the opportunity to be heard. No 6 such order shall issue without a clear showing of facts sufficient to 7 warrant the judge to request records for review. 8 3. If, after such hearing, the judge concludes there is a sufficient 9 basis such judge shall sign an order requiring that the personnel 10 records in question be sealed and sent directly to such judge who shall 11 then review the file and make a determination as to whether the records 12 are relevant and material in such action. Upon such finding the court 13 shall make those parts of the record found to be relevant and material 14 available to the persons so requesting. 15 4. The provisions of this section shall not apply to any district 16 attorney or assistants, the attorney general or deputies or assistants, 17 a county attorney or deputies or assistants, a corporation counsel or 18 deputies or assistants, a town attorney or deputies or assistants, a 19 village attorney or deputies or assistants, a grand jury, or any agency 20 of 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.