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Assembly Bill A1421

2009-2010 Legislative Session

Exempts certain personnel records of police officers from the privacy provisions of the civil rights law, thereby providing for public access thereto

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Archive: Last Bill Status - In Assembly Committee

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2009-A1421 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L

2009-A1421 (ACTIVE) - Summary

Exempts certain personnel records of police officers (including certain employees of sheriffs' departments) from the privacy provisions of the civil rights law, thereby providing for public access thereto.

2009-A1421 (ACTIVE) - Bill Text download pdf 

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

                                  1421

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. WRIGHT, GANTT -- Multi-Sponsored by -- M. of A.
  JEFFRIES -- read once and referred to the  Committee  on  Governmental
  Operations

AN ACT to amend the civil rights law, in relation to the availability of
  certain personnel records of police officers

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

  Section 1. The section heading and subdivision 1 of  section  50-a  of
the  civil  rights law, the section heading as amended by chapter 757 of
the laws of 1986 and subdivision 1 as amended by chapter 137 of the laws
of 2002, are amended to read as follows:
  Personnel records of [police officers,]  firefighters  and  correction
officers.  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 individ-
uals defined as police officers in section 1.20 of the  criminal  proce-
dure  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  division of parole for individuals defined as peace officers pursu-
ant to subdivisions twenty-three and twenty-three-a 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,]  firefighter, firefighter/paramedic, correction
officer or peace officer within the division of parole 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.

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