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S05950 Summary:

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S05950 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5950--A
            Cal. No. 760
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    October 11, 2013
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second

          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the civil rights law, in relation to including probation
          officers with respect to the confidentiality of 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. Subdivision 1 of section 50-a of the civil rights  law,  as
     2  amended  by  section 53 of subpart B of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    1. All personnel records used to evaluate performance toward continued
     5  employment or promotion, under the  control  of  any  police  agency  or
     6  department  of  the state or any political subdivision thereof including

     7  authorities or agencies maintaining police forces of individuals defined
     8  as police officers in section 1.20 of the  criminal  procedure  law  and
     9  such  personnel records under the control of a sheriff's department or a
    10  department of correction of individuals employed as correction  officers
    11  and  such  personnel records under the control of a paid fire department
    12  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11765-04-4
        S. 5950--A                          2
 
     1  consent of  such  police  officer,  firefighter,  firefighter/paramedic,
     2  correction officer or peace officer within the department of corrections
     3  and  community  supervision  or  probation  department  except as may be
     4  mandated by lawful court order.
     5    § 2. This act shall take effect immediately.