senate Bill S5950

Signed by Governor Amended

Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 11 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 13 / May / 2014
    • 1ST REPORT CAL.760
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 5950A
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES
  • 16 / Jun / 2014
    • SUBSTITUTED FOR A8192A
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.270
  • 16 / Jun / 2014
    • PASSED ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.516

Summary

Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers.

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Bill Details

Versions:
S5950
S5950A
Legislative Cycle:
2013-2014
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S5950

TITLE OF BILL: 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

PURPOSE: To make the personnel records of a probation officer
confidential.

SUMMARY OF PROVISIONS: This bill adds probation officers to the list
of employees whose records are confidential under section 50-a of the
Civil Rights Law.

Section 2. sets forth the effective date.

EXISTING LAW: None.

JUSTIFICATION: Police officers, corrections officers, and employees
who serve in a capacity to enforce criminal laws are at risk of
retribution by the individuals they come into contact with. One manner
in which criminals have attempted to retaliate against law enforcement
officers is by gathering sensitive information found within an
employee's personnel file. These files are, generally, available to
the public; however, exceptions have been made to protect law
enforcement, investigators, correction officers, and other similarly
situated employees. This bill would add probation officers to this
list of those employees that have this protection. Probation officers
are at risk of similar acts of retribution by those individuals they
oversee and manage. Probation officers' personnel records should be
confidential too.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5950

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 11, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. Subdivision 1 of section 50-a of the civil rights  law,  as
amended  by  section 53 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. All personnel records used to evaluate performance toward continued
employment or promotion, under the  control  of  any  police  agency  or
department  of  the state or any political subdivision thereof including
authorities or agencies maintaining police forces of individuals defined
as police officers in section 1.20 of the  criminal  procedure  law  and
such  personnel records under the control of a sheriff's department or a
department of correction of individuals employed as correction  officers
and  such  personnel records under the control of a paid fire department
or    force    of    individuals    employed    as    firefighters    or
firefighter/paramedics  and  such personnel records under the control of
the department of corrections and community supervision for  individuals
defined  as  peace officers pursuant to subdivisions twenty-three [and],
twenty-three-a AND TWENTY-FOUR of section 2.10 of the criminal procedure
law shall be considered confidential and not subject  to  inspection  or
review without the express written consent of such police officer, fire-
fighter,  firefighter/paramedic,  correction  officer  or  peace officer
within the department of corrections and community supervision except as
may be mandated by lawful court order.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11765-02-3

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