Relates to police officer and peace officer hiring and transfers and requires police agencies review any possible internal files of police misconduct and complaints as well as pending criminal charges before hiring or allowing for a transfer.
STATE OF NEW YORK
________________________________________________________________________
8510
IN SENATE
June 6, 2020
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law and the civil rights law, in relation
to police officer and peace officer hiring and transfers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 845-e
2 to read as follows:
3 § 845-e. Police officer and peace officer hiring and transfers. 1.
4 Police agencies shall thoroughly examine any possible internal files of
5 police misconduct and complaints before recruiting a police officer or
6 peace officer on a lateral transfer from another police agency, from a
7 police department from any state or American territory, or as a new
8 recruit.
9 2. No police agency shall recruit, hire, allow to enroll, or allow to
10 transfer any police officer or peace officer where such officer was
11 fired, relieved of his or her duty, or resigned as a result of:
12 (a) police misconduct;
13 (b) off-duty misconduct;
14 (c) an investigation for any kind of police misconduct and off-duty
15 misconduct; or
16 (d) a misdemeanor or felony charge.
17 § 2. Subdivision 1 of section 50-a of the civil rights law, as amended
18 by chapter 516 of the laws of 2014, is amended to read as follows:
19 1. All personnel records used to evaluate performance toward continued
20 employment or promotion, under the control of any police agency or
21 department of the state or any political subdivision thereof including
22 authorities or agencies maintaining police forces of individuals defined
23 as police officers in section 1.20 of the criminal procedure law and
24 such personnel records under the control of a sheriff's department or a
25 department of correction of individuals employed as correction officers
26 and such personnel records under the control of a paid fire department
27 or force of individuals employed as firefighters or
28 firefighter/paramedics and such personnel records under the control of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16573-01-0
S. 8510 2
1 the department of corrections and community supervision for individuals
2 defined as peace officers pursuant to subdivisions twenty-three and
3 twenty-three-a of section 2.10 of the criminal procedure law and such
4 personnel records under the control of a probation department for indi-
5 viduals defined as peace officers pursuant to subdivision twenty-four of
6 section 2.10 of the criminal procedure law shall be considered confiden-
7 tial and not subject to inspection or review without the express written
8 consent of such police officer, firefighter, firefighter/paramedic,
9 correction officer or peace officer within the department of corrections
10 and community supervision or probation department except as may be
11 mandated by lawful court order or upon request from a police agency or
12 department of the state or any political subdivision thereof including
13 authorities or agencies maintaining police forces of individuals defined
14 as police officers in section 1.20 of the criminal procedure law which
15 is required to review such personnel records under section eight hundred
16 forty-five-e of the executive law.
17 § 3. This act shall take effect immediately.
