Add §50-a, Civ Rts L; rpld §86 subs 6 - 9, §87 subs 4-a & 4-b, §89 subs 2-b & 2-c, Pub Off L
Relates to the disclosure of law enforcement personnel records; provides that law enforcement personnel records shall be considered confidential and not subject to inspection or review without the express written consent of such law enforcement officers except as mandated by lawful court order.
STATE OF NEW YORK
________________________________________________________________________
4637
2025-2026 Regular Sessions
IN SENATE
February 10, 2025
___________
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 relating 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08925-01-5
S. 4637 2
1 2. Prior to issuing such court order the judge must review all such
2 requests and give interested parties the opportunity to be heard. No
3 such order shall issue without a clear showing of facts sufficient to
4 warrant the judge to request records for review.
5 3. If, after such hearing, the judge concludes there is a sufficient
6 basis such judge shall sign an order requiring that the personnel
7 records in question be sealed and sent directly to such judge. The judge
8 shall then review the file and make a determination as to whether the
9 records are relevant and material in the action before such judge. Upon
10 such a finding the court shall make those parts of the record found to
11 be relevant and material available to the persons so requesting.
12 4. The provisions of this section shall not apply to any district
13 attorney or such district attorney's assistants, the attorney general or
14 such attorney general's deputies or assistants, a county attorney or
15 such county attorney's deputies or assistants, a corporation counsel or
16 such corporation counsel's deputies or assistants, a town attorney or
17 such town attorney's deputies or assistants, a village attorney or such
18 village attorney's deputies or assistants, a grand jury, or any agency
19 of government which requires the records described in subdivision one of
20 this section, in the furtherance of their official functions.
21 § 2. Subdivisions 6, 7, 8 and 9 of section 86 of the public officers
22 law are REPEALED.
23 § 3. Subdivisions 4-a and 4-b of section 87 of the public officers law
24 are REPEALED.
25 § 4. Subdivisions 2-b and 2-c of section 89 of the public officers law
26 are REPEALED.
27 § 5. This act shall take effect immediately.
