Senate Bill S8067

2021-2022 Legislative Session

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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2021-S8067 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.20, 160.50, 160.55, 160.58 & 160.59, CP L; amd §50-b, Civ Rts L; amd §§166, 375.1 & 381.3, Fam Ct Act

2021-S8067 (ACTIVE) - Summary

Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

2021-S8067 (ACTIVE) - Sponsor Memo

2021-S8067 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8067
 
                             I N  S E N A T E
 
                             January 24, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the civil  rights  law,  and
   the  family  court act to allow access to sealed and protected records
   to civilian law enforcement  oversight  entities  conducting  investi-
   gations  and  disciplinary  proceedings  for  misconduct by police and
   peace officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1.20 of the criminal procedure law is amended by
 adding a new subdivision 46 to read as follows:
   46. "CIVILIAN LAW ENFORCEMENT OVERSIGHT ENTITY" MEANS AN  ENTITY  WITH
 RESPONSIBILITY FOR INVESTIGATING OR RECOMMENDING DISCIPLINE FOR A POLICE
 OFFICER OR PEACE OFFICER FOR MISCONDUCT THAT DOES NOT EMPLOY ANY CURRENT
 POLICE OFFICER OR PEACE OFFICER.
   §  2. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) such records shall be made available to the person accused  or  to
 such  person's  designated  agent,  and shall be made available to (i) a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
 enforcement agency upon ex parte motion in any superior court, or in any
 district court, city court or the criminal court of the city of New York
 provided  that such court sealed the record, if such agency demonstrates
 to the satisfaction of the court that justice requires that such records
 be made available to it, or (iii) any state or local officer  or  agency
 with  responsibility  for the issuance of licenses to possess guns, when
 the accused has made application for such a license,  or  (iv)  the  New
 York  state department of corrections and community supervision when the
 accused is on parole supervision as a result of conditional release or a
 parole release granted by the New York state board of  parole,  and  the
 arrest  which  is the subject of the inquiry is one which occurred while
 the accused was under such supervision, or (v) any prospective  employer
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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