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A07158 Summary:

A07158 Actions:

A07158 Floor Votes:

A07158 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7158
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 3, 2013
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to amend the civil rights law, in relation to personnel records
          of police officers, firefighters and correction officers
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  1 and 4 of section 50-a of the civil rights
     2  law, subdivision 1 as amended by section 53 of subpart B of  part  C  of
     3  chapter  62  of the laws of 2011 and subdivision 4 as amended by chapter
     4  778 of the laws of 1981, are amended and two new subdivisions  5  and  6
     5  are added to read as follows:
     6    1. All personnel records used to evaluate performance toward continued
     7  employment  or  promotion,  or  information contained therein, under the
     8  control of any police agency or department of the state or any political
     9  subdivision thereof including authorities or agencies maintaining police
    10  forces of individuals defined as police officers in section 1.20 of  the
    11  criminal procedure law and such personnel records under the control of a
    12  sheriff's  department  or  a  department  of  correction  of individuals

    13  employed as correction officers and such  personnel  records  under  the
    14  control  of  a  paid fire department or force of individuals employed as
    15  firefighters or firefighter/paramedics and such personnel records  under
    16  the  control  of the department of corrections and community supervision
    17  for individuals defined as peace officers pursuant to subdivisions twen-
    18  ty-three and twenty-three-a of section 2.10 of  the  criminal  procedure
    19  law  shall  be  considered confidential and not subject to inspection or
    20  review without the express written consent of such police officer, fire-
    21  fighter, firefighter/paramedic,  correction  officer  or  peace  officer
    22  within the department of corrections and community supervision except as
    23  may be mandated by lawful court order.
    24    4.  The  provisions  of  this  section shall not apply to any district

    25  attorney or his or her assistants, the attorney general or  his  or  her
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10235-01-3
        A. 7158                             2
 
     1  deputies  or  assistants,  a  county  attorney or his or her deputies or
     2  assistants, a corporation counsel or his or her deputies or  assistants,
     3  a town attorney or his or her deputies or assistants, a village attorney
     4  or  his  or  her  deputies or assistants, a grand jury, or any agency of
     5  government which requires the records described in  subdivision  one  of

     6  this  section, in the furtherance of their official functions and pursu-
     7  ant to an official criminal investigation.
     8    5. Upon receipt of a request from an entity for the records or  infor-
     9  mation  contained  therein described in subdivision one of this section,
    10  any agency subject to this section shall release such records or  infor-
    11  mation  to  the  requesting entity as soon as practicable, provided that
    12  such request is accompanied by a written  authorization  signed  by  the
    13  subject  employee authorizing the release of such records or information
    14  to the entity.
    15    6. Any police officer, firefighter, firefighter/paramedic,  correction
    16  officer or peace officer within the department of corrections and commu-

    17  nity  supervision  claiming to be aggrieved by the inspection, review or
    18  disclosure of the records or information contained therein described  in
    19  subdivision  one  of  this  section,  or  by the failure of an agency to
    20  release such records or information pursuant to subdivision five of this
    21  section, shall have a cause of action in any court of  competent  juris-
    22  diction for damages and for injunctive relief and such other remedies as
    23  may be appropriate, including reasonable attorney's fees.
    24    § 2. This act shall take effect immediately.