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A10611 Summary:

BILL NOA10611
 
SAME ASSAME AS S08496
 
SPONSORRules (O'Donnell)
 
COSPNSRHeastie, Peoples-Stokes, Aubry, Arroyo, Bichotte, Bronson, Burke, Carroll, Colton, Crespo, Cruz, De La Rosa, DenDekker, Dickens, Epstein, Fernandez, Frontus, Glick, Gottfried, Hunter, Hyndman, Jacobson, Jean-Pierre, Lifton, Magnarelli, McDonald, Nolan, Otis, Pichardo, Pretlow, Ramos, Reyes, Richardson, Rosenthal D, Rosenthal L, Rozic, Seawright, Simon, Simotas, Steck, Taylor, Thiele, Walker, Weinstein, Wright, Ortiz, Rivera, Buchwald, Galef, Lentol, Mosley, Lupardo, Rodriguez, Jaffee, Blake, Barrett, Kim, Davila, Zebrowski, Niou, Vanel
 
MLTSPNSR
 
Rpld 50-a, Civ Rts L; amd 86, 87 & 89, Pub Off L
 
Relates to the disclosure of law enforcement disciplinary records.
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A10611 Actions:

BILL NOA10611
 
06/06/2020referred to governmental operations
06/08/2020reported referred to codes
06/08/2020reported referred to rules
06/08/2020reported
06/08/2020rules report cal.67
06/08/2020ordered to third reading rules cal.67
06/09/2020substituted by s8496
 S08496 AMEND= BAILEY
 06/06/2020REFERRED TO CODES
 06/08/2020REPORTED AND COMMITTED TO RULES
 06/08/2020ORDERED TO THIRD READING CAL.751
 06/09/2020PASSED SENATE
 06/09/2020DELIVERED TO ASSEMBLY
 06/09/2020referred to codes
 06/09/2020substituted for a10611
 06/09/2020ordered to third reading rules cal.67
 06/09/2020passed assembly
 06/09/2020returned to senate
 06/11/2020DELIVERED TO GOVERNOR
 06/12/2020SIGNED CHAP.96
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A10611 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10611
 
SPONSOR: Rules (O'Donnell)
  TITLE OF BILL: An act to amend the civil rights law and the public officers law, in relation to the disclosure of law enforcement disciplinary records; and to repeal section 50-a of the civil rights law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to repeal section 50-a of the civil rights law and make changes to article 6 of the public officers law to provide for the release of certain law enforcement records.   SUMMARY OF PROVISIONS: Section one repeals section 50-a of the civil rights law. Section two creates four new subdivisions in section 86 of the public officers law. Subdivision 6 defines law enforcement disciplinary records, subdivision 7 defines a law enforcement disciplinary proceed- ing, subdivision 8 defines what constitutes a law enforcement agency, and subdivision 9 defines a technical infraction. Section three creates two new subdivisions which relate to the redaction of portions of a law enforcement disciplinary records. Section four provides that a law enforcement agency would be required to redact from law enforcement disciplinary records: * Items involving medical history of police officers, peace officers, firefighters and firefighter/paramedic unless the records was obtained during the course of an agency's investigation of the person's miscon- duct; * home addresses and personal phone numbers and email address of police officers, peace officers, firefighters and firefighter/paramedic or a family member or the complainant or another person in the disciplinary record; * Social security numbers; * The use of Employee. Assistance Program, mental health services or substance abuse by police officers, peace officers, firefighters and firefighter/paramedic unless the use of is mandated by a disciplinary proceeding that may otherwise be disclosed. A law enforcement agency may also redact law enforcement disciplinary records that pertain to technical infractions. "Technical infraction" is defined as a minor rule violation by a person employed by a law enforce- ment agency as a police officer, peace officer, or firefighter or firefighter/paramedic, solely related to the enforcement of administra- tive departmental rules that (a) do not involve interactions with members of the public, (b) are not of public concern, and (c) are not otherwise connected to a such person's investigative, enforcement, training, supervision, or reporting responsibilities. Section 5 is the effective date.   JUSTIFICATION: Section 50-a of the New York State Civil Rights Law permits law enforce- ment officers to refuse disclosure of "personnel records used to evalu- ate performance toward continued employment or promotion." This exemption was adopted in 1976 by the Legislature in order to prevent criminal defense lawyers from using such records in cross examination of police witnesses during criminal prosecutions. According to the 2014 annual report by the State Committee on Open Government to the Governor and the State Legislature, "this narrow exemption has been expanded in the courts to allow police departments to withhold from the public virtually any record that contains any information that could conceiva- bly be used to evaluate the performance of a police officer. Recent events have highlighted the importance for the public to have access to information, specifically with regards to law enforcement disciplinary records. The Freedom of Information Law helps achieve the goal of an open and transparent government by providing individuals with greater access to their government. There is a strong presumption under FOIL that government records are accessible to the public. That ability to FOIL this type of record will lead to a greater trust between the public and law enforcement.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A10611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10611
 
                   IN ASSEMBLY
 
                                      June 6, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
          -- read once and referred to the Committee on Governmental Operations
 
        AN ACT to amend the civil rights law and the  public  officers  law,  in
          relation  to  the  disclosure of law enforcement disciplinary records;
          and to repeal section 50-a of the civil rights law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 50-a of the civil rights law is REPEALED.
     2    §  2.  Section 86 of the public officers law is amended by adding four
     3  new subdivisions 6, 7, 8 and 9 to read as follows:
     4    6. "Law enforcement disciplinary records" means any record created  in
     5  furtherance of a law enforcement disciplinary proceeding, including, but
     6  not limited to:
     7    (a) the complaints, allegations, and charges against an employee;
     8    (b) the name of the employee complained of or charged;
     9    (c) the transcript of any disciplinary trial or hearing, including any
    10  exhibits introduced at such trial or hearing;
    11    (d) the disposition of any disciplinary proceeding; and
    12    (e) the final written opinion or memorandum supporting the disposition
    13  and  discipline imposed including the agency's complete factual findings
    14  and its analysis of  the  conduct  and  appropriate  discipline  of  the
    15  covered employee.
    16    7. "Law enforcement disciplinary proceeding" means the commencement of
    17  any  investigation  and  any  subsequent  hearing or disciplinary action
    18  conducted by a law enforcement agency.
    19    8. "Law enforcement agency" means a police agency or department of the
    20  state or any political subdivision  thereof,  including  authorities  or
    21  agencies  maintaining  police  forces  of  individuals defined as police
    22  officers in section 1.20 of the  criminal  procedure  law,  a  sheriff's
    23  department,  the  department of corrections and community supervision, a
    24  local department of correction, a local  probation  department,  a  fire
    25  department,   or  force  of  individuals  employed  as  firefighters  or
    26  firefighter/paramedics.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16577-06-0

        A. 10611                            2
 
     1    9. "Technical infraction" means a minor rule  violation  by  a  person
     2  employed  by  a  law  enforcement agency as defined in this section as a
     3  police officer, peace officer, or firefighter or  firefighter/paramedic,
     4  solely  related  to the enforcement of administrative departmental rules
     5  that (a) do not involve interactions with members of the public, (b) are
     6  not  of  public  concern,  and  (c)  are not otherwise connected to such
     7  person's investigative, enforcement, training, supervision, or reporting
     8  responsibilities.
     9    § 3. Section 87 of the public officers law is amended  by  adding  two
    10  new subdivisions 4-a and 4-b to read as follows:
    11    4-a. A law enforcement agency responding to a request for law enforce-
    12  ment disciplinary records as defined in section eighty-six of this arti-
    13  cle  shall  redact any portion of such record containing the information
    14  specified in subdivision two-b of section eighty-nine  of  this  article
    15  prior to disclosing such record under this article.
    16    4-b. A law enforcement agency responding to a request for law enforce-
    17  ment  disciplinary  records,  as  defined  in section eighty-six of this
    18  article, may redact any portion of such record containing  the  informa-
    19  tion specified in subdivision two-c of section eighty-nine of this arti-
    20  cle prior to disclosing such record under this article.
    21    §  4.  Section  89 of the public officers law is amended by adding two
    22  new subdivisions 2-b and 2-c to read as follows:
    23    2-b. For records that constitute law enforcement disciplinary  records
    24  as  defined  in subdivision six of section eighty-six of this article, a
    25  law enforcement agency shall redact the following information from  such
    26  records prior to disclosing such records under this article:
    27    (a)  items involving the medical history of a person employed by a law
    28  enforcement agency as defined in section eighty-six of this article as a
    29  police officer, peace officer, or firefighter or  firefighter/paramedic,
    30  not including records obtained during the course of an agency's investi-
    31  gation  of such person's misconduct that are relevant to the disposition
    32  of such investigation;
    33    (b) the home addresses,  personal  telephone  numbers,  personal  cell
    34  phone  numbers,  personal e-mail addresses of a person employed by a law
    35  enforcement agency as defined in section eighty-six of this article as a
    36  police officer, peace officer, or firefighter or  firefighter/paramedic,
    37  or  a  family member of such a person, a complainant or any other person
    38  named in a law enforcement disciplinary record,  except  where  required
    39  pursuant  to article fourteen of the civil service law, or in accordance
    40  with subdivision four of section two hundred eight of the civil  service
    41  law,  or as otherwise required by law. This paragraph shall not prohibit
    42  other provisions  of  law  regarding  work-related,  publicly  available
    43  information such as title, salary, and dates of employment;
    44    (c) any social security numbers; or
    45    (d)  disclosure  of  the use of an employee assistance program, mental
    46  health service, or  substance  abuse  assistance  service  by  a  person
    47  employed by a law enforcement agency as defined in section eighty-six of
    48  this  article  as  a  police  officer,  peace officer, or firefighter or
    49  firefighter/paramedic, unless such use is mandated by a law  enforcement
    50  disciplinary proceeding that may otherwise be disclosed pursuant to this
    51  article.
    52    2-c.   For  records  that  constitute  "law  enforcement  disciplinary
    53  records" as defined in subdivision six of  section  eighty-six  of  this
    54  article, a law enforcement agency may redact records pertaining to tech-
    55  nical  infractions  as defined in subdivision nine of section eighty-six
    56  of this article prior to disclosing such records under this article.

        A. 10611                            3
 
     1    § 5. This act shall take effect immediately.
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