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.
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.
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.
