senate Bill S5950A

Signed by Governor

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

See Assembly Version of this Bill:
A8192A
Versions:
S5950
S5950A
Legislative Cycle:
2013-2014
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L

Sponsor Memo

BILL NUMBER:S5950A

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:

Section one adds probation officers to the list of employees whose
records are confidential under section 50-a of the Civil Rights Law.

Section two states that this act shall take effect immediately.

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--A
    Cal. No. 760

                       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  --  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:

  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 of section 2.10 of the criminal procedure  law  AND  SUCH
PERSONNEL  RECORDS UNDER THE CONTROL OF A PROBATION DEPARTMENT FOR INDI-
VIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY-FOUR OF
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW shall be considered confiden-
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

consent of  such  police  officer,  firefighter,  firefighter/paramedic,
correction officer or peace officer within the department of corrections
and  community  supervision  OR  PROBATION  DEPARTMENT  except as may be
mandated by lawful court order.
  S 2. This act shall take effect immediately.

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