senate Bill S2131

Exempts from disclosure on the freedom of information law, the issuance of pistol permits to active and retired police officers, peace officers and correction officers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 11 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Exempts from disclosure, under the freedom of information law, the issuance of pistol permits to active and retired police officers, peace officers and correction officers.

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Bill Details

See Assembly Version of this Bill:
A3231
Versions:
S2131
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง87, Pub Off L

Sponsor Memo

BILL NUMBER:S2131

TITLE OF BILL: An act to amend the public officers law, in relation
to exempting the disclosure, under the freedom of information law, of
the name of any police officer, peace officer, correction officer, or
retired police officer, peace officer or correction officer issued a
license to carry or possess a firearm

PURPOSE: This legislation would prohibit the names and addresses of
active or retired of any police officer, peace officer or correction
officer from being released by the Freedom of Information Law (FOIL)
other than law enforcement.

SUMMARY OF PROVISIONS:

Section 1 Subdivision 2 of section 87 of the public officers law; As
added by Section 12 of part II of Chapter 59 of the laws of 2010, are
amended and a new paragraph (m) is added to read as follows; external
audits, including but not limited to audits performed by the
comptroller and the federal government OR are examination questions or
answers which are requested prior to the final administration of such
questions. (m) is information related to the issuance, pursuant to
article four of the penal law, of any license to carry or posses
firearms when such license is issued to a police officer, as defined
in article two of the criminal procedure law, a peace officer, as
defined in article two of the criminal procedure law, a correction
officer employed by the department of corrections and community
supervision or a county or city operating a local correctional
facility, or any person retired from active service as a police
officer, peace officer or correction officer; provided, however, that
no provision of this paragraph shall be deemed to prohibit the
disclosure of such information to a law enforcement agency for the
purpose of conducting an investigation or prosecution.

JUSTIFICATION: A police officer, peace officer or correctional
officer's job can be dangerous and stressful.

In the course of their jobs, they routinely warn or otherwise prevent
individuals from committing criminal acts. Officers routinely issue
and in some cases issue summonses and arrest offenders. Every
encounter is potentially dangerous. These officers know that while
they are performing their duties they may be the target of those who
have a personal dislike for officers or contempt for authority. Each
officer understands that they could be in harm's way while reporting
for duty but this goes beyond the reasonable demands of the job for
officers and their families to be placed in danger of someone coming
to their homes and possibly causing harm.

Currently, The Freedom of Information Law (FOIL) is lawfully permitted
to disclose their home addresses and names allowing potential
criminals to annoy harass, threaten or in a worst-case scenario commit
acts of violence to them and their families. Further more in this
ever-growing age of technology and social media, the threat becomes
ever more dangerous, when simply posting such information on a website
can instantly disseminate it to any person.


LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to New York State.

EFFECTIVE DATE: This legislation will take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2131

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation  to  exempting  the
  disclosure,  under  the freedom of information law, of the name of any
  police officer, peace officer, correction officer, or  retired  police
  officer, peace officer or correction officer issued a license to carry
  or possess a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph iv of paragraph (g), and paragraphs (h),  (i),
(j),  (k)  and (l) of subdivision 2 of section 87 of the public officers
law, subparagraph iv of paragraph (g) as added by  chapter  510  of  the
laws of 1999, paragraph (h) as added by chapter 933 of the laws of 1977,
paragraph  (i)  as amended by chapter 154 of the laws of 2010, paragraph
(j) as added by chapter 746 of the laws of 1988, paragraph (k) as  sepa-
rately  amended  by  chapters  19, 20, 21, 22, 23 and 383 of the laws of
2009, and paragraph (l) as added by section 12 of part II of chapter  59
of  the  laws  of  2010, are amended and a new paragraph (m) is added to
read as follows:
  iv. external audits, including but not limited to audits performed  by
the comptroller and the federal government; [or]
  (h)  are examination questions or answers which are requested prior to
the final administration of such questions[.];
  (i) if disclosed, would jeopardize the capacity of  an  agency  or  an
entity that has shared information with an agency to guarantee the secu-
rity of its information technology assets, such assets encompassing both
electronic information systems and infrastructures; [or]
  (j)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-a  of
the vehicle and traffic law[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07046-04-3

S. 2131                             2

  (k)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-b  of
the vehicle and traffic law[.];
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.]; OR
  (M)  IS  INFORMATION RELATED TO THE ISSUANCE, PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW, OF ANY LICENSE TO CARRY  OR  POSSESS  FIREARMS
WHEN  SUCH LICENSE IS ISSUED TO A POLICE OFFICER, AS DEFINED IN SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A  PEACE
OFFICER,  AS  DEFINED  IN  ARTICLE  TWO OF THE CRIMINAL PROCEDURE LAW, A
CORRECTION OFFICER EMPLOYED BY THE DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  OR  A  COUNTY  OR CITY OPERATING A LOCAL CORRECTIONAL
FACILITY, OR ANY PERSON RETIRED FROM ACTIVE SERVICE AS A POLICE OFFICER,
PEACE  OFFICER  OR  CORRECTION  OFFICER;  PROVIDED,  HOWEVER,  THAT   NO
PROVISION  OF  THIS PARAGRAPH SHALL BE DEEMED TO PROHIBIT THE DISCLOSURE
OF SUCH INFORMATION TO A LAW  ENFORCEMENT  AGENCY  FOR  THE  PURPOSE  OF
CONDUCTING AN INVESTIGATION OR PROSECUTION.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to paragraphs (j),  (k)  and  (l)  of  subdivision  2  of
section  87  of  the public officers law made by section one of this act
shall not affect the repeal of such paragraphs and shall expire  and  be
deemed repealed therewith.

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