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A05700 Summary:

BILL NOA05700
 
SAME ASSAME AS S00511
 
SPONSORGiglio
 
COSPNSR
 
MLTSPNSR
 
Add §50-a, Civ Rts L
 
Prevents unfounded complaints against police officers, peace officers, firefighters, correction officers and emergency medical service providers from being disclosed or added to such police officer, peace officer, firefighter, correction officer or emergency medical service provider's personnel record.
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A05700 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5700
 
SPONSOR: Giglio
  TITLE OF BILL: An act to amend the civil rights law, in relation to preventing unfounded complaints against police officers, peace officers, firefight- ers, correction officers and emergency medical service providers from being disclosed or added to a personnel record   PURPOSE OR GENERAL IDEA OF BILL: No information regarding a complaint against a police officer, peace officer, firefighter, correction officer, or emergency medical service provider which was investigated and determined to be unfounded shall be included in their personnel record.   SUMMARY OF PROVISIONS: Section 1: adds section 50-a to the civil rights law, guaranteeing the confidentiality of portions of first responders' personnel records which contain unfounded complaints, and provides definitions, exceptions, and procedures for appealing the confidentiality of these records by court order. Section 2: provides the effective date.   JUSTIFICATION: Our first responders place their lives at risk to keep New Yorkers safe. Unfortunately, in a time of significant scrutiny of our emergency insti- tutions, many of our first responders experience unwarranted accusations that affect their professional records. These unproven claims can result in their dismissal and disqualification from advancement or from pursu- ing other careers of esteem. This legislation would rectify this issue by ensuring that any complaints which are investigated and then deter- mined to be unfounded shall be considered confidential except as mandated by an official Court order.   PRIOR LEGISLATIVE HISTORY: 2022 A.9574- held for consideration in governmental operations.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05700 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5700
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2025
                                       ___________
 
        Introduced by M. of A. GIGLIO -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the  civil  rights  law,  in  relation to preventing
          unfounded complaints against police officers,  peace  officers,  fire-
          fighters,  correction officers and emergency medical service providers
          from being disclosed or added to a personnel record
 
          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,  peace  officers,  fire-
     4  fighters,  correction  officers and emergency medical service providers.
     5  1. For the purposes of this section, the term "personnel  record"  shall
     6  mean all personnel records used to evaluate performance toward continued
     7  employment  or  promotion,  under  the  control  of any police agency or
     8  department of the state or any political subdivision  thereof  including
     9  authorities or agencies maintaining police forces of individuals defined
    10  as  police  officers  in  section 1.20 of the criminal procedure law and
    11  such personnel records under the control of a sheriff's department or  a
    12  department  of correction of individuals employed as correction officers
    13  and such personnel records under the control of a paid  fire  department
    14  or    force    of    individuals    employed    as    firefighters    or
    15  firefighter/paramedics and such personnel records under the  control  of
    16  the  department of corrections and community supervision for individuals
    17  defined as peace officers  pursuant  to  subdivisions  twenty-three  and
    18  twenty-three-a  of  section  2.10 of the criminal procedure law and such
    19  personnel records under the control of a probation department for  indi-
    20  viduals defined as peace officers pursuant to subdivision twenty-four of
    21  section  2.10  of  the criminal procedure law and such personnel records
    22  under the control of an emergency medical service provider who  provides
    23  emergency  medical  service  as defined in section three thousand one of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02131-01-5

        A. 5700                             2
 
     1  the public health law for  individuals  who  provide  emergency  medical
     2  services.
     3    2.  (a)  Any  part  of  a  personnel record which contains information
     4  regarding a complaint  which  was  investigated  and  determined  to  be
     5  unfounded shall be considered confidential and not subject to inspection
     6  or  review  without  the express written consent of such police officer,
     7  firefighter, firefighter/paramedic, correction officer or peace  officer
     8  within  the  department  of  corrections  and  community  supervision or
     9  probation department, or emergency medical service  provider  except  as
    10  may be mandated by lawful court order.
    11    (b)  Prior  to issuing such court order the judge must review all such
    12  requests and give interested parties the opportunity  to  be  heard.  No
    13  such  order  shall  issue without a clear showing of facts sufficient to
    14  warrant the judge to request records for review.
    15    (c) If, after such hearing, the judge concludes there is a  sufficient
    16  basis, the judge shall sign an order requiring that the relevant portion
    17  of such personnel records in question be sealed and sent directly to the
    18  court.  The judge shall then review the file and make a determination as
    19  to whether the relevant portion of such records are relevant and materi-
    20  al in such action. Upon such a finding the court shall make those  parts
    21  of the record found to be relevant and material available to the persons
    22  so requesting.
    23    3.  No  information  regarding  a  complaint against a police officer,
    24  peace officer, firefighter, correction  officer,  or  emergency  medical
    25  service  provider  which was investigated and determined to be unfounded
    26  shall be included in such police officer,  peace  officer,  firefighter,
    27  correction  officer,  or  emergency medical service provider's personnel
    28  record.
    29    4. The provisions of this section shall  not  apply  to  any  district
    30  attorney  or their assistants, the attorney general or their deputies or
    31  assistants, a county attorney or their deputies or assistants, a  corpo-
    32  ration counsel or their deputies or assistants, a town attorney or their
    33  deputies  or assistants, a village attorney or their deputies or assist-
    34  ants, a grand jury, or any  agency  of  government  which  requires  the
    35  records described in subdivision one of this section, in the furtherance
    36  of their official functions.
    37    § 2. This act shall take effect immediately.
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