STATE OF NEW YORK
________________________________________________________________________
6286
2021-2022 Regular Sessions
IN SENATE
April 20, 2021
___________
Introduced by Sens. SERINO, GALLIVAN, JORDAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
AN ACT to amend the public officers law, in relation to prohibiting the
public disclosure of unsubstantiated or unfounded complaints, allega-
tions and charges made against law enforcement officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 86 of the public officers law is amended by adding
2 two new subdivisions 10 and 11 to read as follows:
3 10. "Unsubstantiated complaint, allegation or charge" means any
4 complaint, allegation or charge against a person employed by a law
5 enforcement agency as defined in this section as a police officer, peace
6 officer, or firefighter or firefighter/paramedic where the evidence is
7 insufficient to determine whether the person employed by a law enforce-
8 ment agency did or did not commit misconduct.
9 11. "Unfounded complaint, allegation or charge" means any complaint,
10 allegation or charge against a person employed by a law enforcement
11 agency as defined in this section as a police officer, peace officer, or
12 firefighter or firefighter/paramedic where there is sufficient credible
13 evidence to believe that the subject employed by a law enforcement agen-
14 cy did not commit the alleged act.
15 § 2. Subdivision 4-b of section 87 of the public officers law, as
16 added by chapter 96 of the laws of 2020, is amended to read as follows:
17 4-b. A law enforcement agency responding to a request for law enforce-
18 ment disciplinary records, as defined in section eighty-six of this
19 article, [may] shall redact any portion of such record containing the
20 information specified in subdivision two-c of section eighty-nine of
21 this article prior to disclosing such record under this article.
22 § 3. Subdivision 2-c of section 89 of the public officers law, as
23 added by chapter 96 of the laws of 2020, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08034-01-1
S. 6286 2
1 2-c. For records that constitute "law enforcement disciplinary
2 records" as defined in subdivision six of section eighty-six of this
3 article, a law enforcement agency [may] shall redact records pertaining
4 to technical infractions as defined in subdivision nine of section
5 eighty-six of this article and records pertaining to complaints, allega-
6 tions and charges against a person employed by a law enforcement agency
7 that are unsubstantiated or unfounded as defined by subdivisions ten and
8 eleven of section eighty-six of this article prior to disclosing such
9 records under this article.
10 § 4. This act shall take effect immediately.
