NY State Senate Bill 2009-S7428

Senate Bill S7428

2009-2010 Legislative Session

Authorizes the denial of access to 911 emergency call records based on trauma, sorrow, humiliation or emotional injury to the caller or person needing services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2010	referred to investigations and government operations

2009-S7428 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§87 & 89, Pub Off L

2009-S7428 (ACTIVE) - Summary

Authorizes the denial of access to 911 emergency call records based on trauma, sorrow, humiliation or emotional injury to the caller or person needing emergency services; requires notice and opportunity to object to disclosure but provided to the caller or person needing emergency services; provides for appeal of public agency determinations.

2009-S7428 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7428

 TITLE OF BILL :
An act to amend the public officers law, in relation to authorizing
the denial of access to public records or portions thereof which
constitute the recordings or reproductions of emergency 911 calls


 PURPOSE :
To authorize the denial of access to 911 emergency call records based
on trauma, sorrow, humiliation or emotional injury to the caller or
person needing services.

 SUMMARY OF PROVISIONS :
The Public Officers Law is amended to create a procedure whereby
certain individuals will be notified if a request has been made for a
record that is a recording or reproduction of an emergency 911 call.
Such procedure will give these individuals the ability to object in
writing to the disclosure of all or any portion of the emergency
record on the basis that its disclosure would cause trauma, sorrow,
humiliation or emotional injury to such person or his or her immediate
family. A determination will be sent in writing granting, limiting or
denying disclosure of the record and the basis for such decision to
the individuals involved in the 911 call as well as the person or
entity requesting the release of such information. An appeal process
is available to either the person or entity requesting the record as

well as any designated individual whose wishes are contrary to the
determination.

 EXISTING LAW :
New York State currently deems 911 emergency calls as public records
and allows access when a freedom of information (FOIL) request is
made.

 JUSTIFICATION :
When individuals are at their most desperate, scared and vulnerable
they should not have to be concerned that their pleas for help to an
emergency 911 operator will be released to the public for no valid
reason other than to satisfy the morbid curiosity of others. This type
of situation has befallen many crime victims and their families over
the years only to add insult to the injury of their pain.

For example, the New York Daily News reported on 2/24/10 how a woman
named Linda Casey dialed 911 in an apparent state of panic and shock
and screamed "Oh God!" over and over again into the phone after
finding her daughter beaten to death in the driveway of their North
Carolina home. Later that very same day, she was subjected to hearing
her screams during the worst moment of her life on the local news.
The shock made her vomit. Ms. Casey was later able to express her
feelings about how the most painful thing she has ever been through
should have also been kept the most private.

Then there is the case John Hoblick of Florida whose son died
tragically after a night of playing drinking games with friends while
using prescription drugs last year. Adding to the horror of his son's
death, Mr. Hoblick later had to hear the distraught voice of his older
son calling 911 regarding his younger brother's condition broadcast by
a television station. The anguish and exploitation he felt by the
airing of this tragic event brought Mr. Hoblick to lobby the Florida
Legislature to ban the broadcasting of these types of calls.

A further vital reason to keep 911 emergency calls private is to
protect the identifying information of the caller or the person for
which they are calling. Names, addresses, telephone numbers and
medical history are all personal identifying information that
individuals should expect will be respected with a reasonable amount
of privacy. No one should have to fear calling 911 for assistance
based on the fact that they may be later caused trauma, sorrow,
humiliation or emotional injury due to the public release of such
call. The 911 system was set up to assist people with emergencies and
to provide access to fast medical treatment, not to exploit the
caller's or another individual's personal pain.

Recognizing that there are certain situations where the release of 911
emergency recordings are important to public safety, this legislation
sets up a procedure to notify the person reporting the emergency and
the individual(s) requiring the emergency help if a request has been
made for release of such emergency recording. This procedure allows
the individuals involved to either consent to the release in whole or
in part or to object in whole or in part if such disclosure would
cause trauma, sorrow, humiliation or emotional injury to such person
or his or her immediate family. The agency in charge of such
information would make a determination as to whether the information
will be released in its entirety, partially or not at all. Therefore,
if the agency believes that the release of the call for some reason
outweighs the privacy of the caller such information could be
released. Instances which may prove germane would be in assessing 911
call performance, accuracy or in the instance of information requested
by police during an investigation or for a court proceeding.

This legislation will help to restore the public's faith in the
anticipated privacy of the 911 emergency system. A person needing
medical assistance or who has been the victim of a crime should never
delay or avoid calling for emergency services for fear that the
information they give the dispatcher or the dramatic circumstances of
their call will be used for public consumption.  Creating such an
image will undoubtedly lead to individuals not calling for help when
needed, which can have devastating consequences.

The states of Mississippi, Missouri, Pennsylvania, Rhode Island and
Wyoming all currently ban the broadcast of 911 emergency calls. As of
the filing of this memorandum, legislation has been introduced to help
protect the privacy of 911 callers and those persons requiring
emergency treatment in Alabama, Ohio, Wisconsin, Florida and Kentucky.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that:
(a) the amendments to paragraph (j) of subdivision 2 of section 87 of
the Public Officers Law, made by section one of this act, shall not
affect the expiration and repeal of such paragraph and shall expire
and be deemed repealed therewith;
(b) the amendments to paragraph (k) of subdivision 2 of section 87 of
the Public Officers Law, made by section one of this act, shall not
affect the expiration and repeal of such paragraph and shall expire
and be deemed repealed therewith; and
(c) effective immediately, any rules and regulation necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

2009-S7428 (ACTIVE) - Bill Text download pdf

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

                                  7428

                            I N  S E N A T E

                              April 9, 2010
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 authorizing  the
  denial  of  access to public records or portions thereof which consti-
  tute the recordings or reproductions of emergency 911 calls

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

  Section  1.  Subparagraphs iii and iv of paragraph (g), and paragraphs
(h), (i), (j) and (k) of subdivision 2 of section 87 of the public offi-
cers law, subparagraph iii of paragraph (g) as amended and  subparagraph
iv  of  paragraph (g) as added by chapter 510 of the laws of 1999, para-
graph (h) as added by chapter 933 of the laws of 1977, paragraph (i)  as
added  by  chapter  368  of  the laws of 2001, paragraph (j) as added by
chapter 746 of the laws of 1988 and paragraph (k) as separately added by
chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, are amended and
a new paragraph (1) is added to read as follows:
  iii. final agency policy or determinations; OR
  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 an agency's capacity  to  guarantee
the  security  of  its information technology assets, such assets encom-
passing 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[.];
  (k) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-b of
the vehicle and traffic law[.]; OR
  (1) IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT
OF THE COUNTY LAW, ARE RECORDINGS  OR  REPRODUCTIONS  OF  EMERGENCY  911
CALLS, WHICH IF DISCLOSED COULD RESULT IN TRAUMA, SORROW, HUMILIATION OR

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

                                                           LBD16603-01-0

S. 7428                             2

EMOTIONAL  INJURY  TO  THE  PERSON  REPORTING THE EMERGENCY OR REQUIRING
EMERGENCY SERVICES, OR TO SUCH PERSON'S IMMEDIATE FAMILY.
  S  2. Section 89 of the public officers law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. (A) EACH AGENCY, UPON RECEIPT OF A WRITTEN REQUEST FOR  A  RECORD
THAT IS A RECORDING OR REPRODUCTION OF AN EMERGENCY 911 CALL, SHALL:
  (1)  DENY  SUCH  REQUEST UNTIL THE PROVISIONS OF THIS SUBDIVISION HAVE
BEEN FULLY COMPLIED WITH; AND
  (2) WITHIN FIVE CALENDAR DAYS OF THE RECEIPT OF SUCH REQUEST,  DELIVER
BY  FIRST  CLASS  MAIL A NOTICE OF THE RIGHT OF THE PERSON REPORTING THE
EMERGENCY OR REQUIRING THE EMERGENCY TO OBJECT TO THE DISCLOSURE OF  ALL
OR  ANY  PORTION  OF  SUCH RECORD ON THE BASIS THAT ITS DISCLOSURE WOULD
CAUSE TRAUMA, SORROW, HUMILIATION OR EMOTIONAL INJURY TO SUCH PERSON  OR
HIS OR HER IMMEDIATE FAMILY. IN THE EVENT SUCH PERSON IS A MINOR, INCOM-
PETENT  OR  DECEASED,  THE  NOTICE  SHALL  BE  PROVIDED  TO THE PERSON'S
PARENTS, LEGAL GUARDIANS OR EXECUTOR, AS THE CASE MAY  BE.  SUCH  NOTICE
SHALL  GRANT  THE  RECIPIENT  THE  OPTION  OF  DENYING DISCLOSURE OF THE
ENTIRETY OR ANY PORTION OR PORTIONS OF THE  RELEVANT  RECORD,  OR  GRANT
FULL DISCLOSURE THEREOF. EACH REQUEST FOR DENIAL OF DISCLOSURE SUBMITTED
PURSUANT TO THIS SUBDIVISION SHALL BE BASED UPON TRAUMA, SORROW, HUMILI-
ATION  OR  EMOTIONAL  INJURY, AND SHALL STATE THE FACTS SURROUNDING SUCH
CLAIM. INCLUDED WITH EACH SUCH NOTICE SHALL BE A PLAIN WRITTEN  EXPLANA-
TION  OF  ALL  THE RIGHTS AND REMEDIES OF THE RECIPIENT PURSUANT TO THIS
ARTICLE.
  (B) EVERY RECIPIENT OF A NOTICE PURSUANT TO THIS  SUBDIVISION,  SHALL,
WITHIN  SIXTY  DAYS OF THE RECEIPT THEREOF, RETURN THE COMPLETED DISCLO-
SURE CONSENT OR DENIAL PORTION OF  SUCH  NOTICE  TO  THE  AGENCY  HAVING
CUSTODY OF THE 911 EMERGENCY CALL RECORDING OR REPRODUCTION.
  (C)  THE  AGENCY  UPON  RECEIPT  OF  A COMPLETED DISCLOSURE CONSENT OR
DENIAL OR WITHIN SEVEN DAYS OF THE EXPIRATION OF THE  PERIOD  PRESCRIBED
FOR  SUBMISSION OF THE CONSENT OR DENIAL, SHALL ISSUE A WRITTEN DETERMI-
NATION GRANTING, LIMITING OR DENYING DISCLOSURE OF THE RECORD AND  STAT-
ING  THE  REASONS THEREFOR. COPIES OF SUCH DETERMINATION SHALL BE SERVED
UPON THE PERSON REQUESTING THE RECORD, THE PERSON  WHO  RECEIVED  NOTICE
PURSUANT  TO  SUBPARAGRAPH  TWO OF PARAGRAPH (A) OF THIS SUBDIVISION AND
THE COMMITTEE ON PUBLIC ACCESS TO RECORDS.
  (D) THE DISCLOSURE OF A RECORD CONTRARY TO THE WISHES OF THE RECIPIENT
OF NOTICE PURSUANT TO THIS SUBDIVISION, OR THE DENIAL OF  DISCLOSURE  OF
THE RECORD MAY BE APPEALED:
  (1)  WITHIN SEVEN BUSINESS DAYS OF THE DETERMINATION OF THE AGENCY, BY
FILING A WRITTEN APPEAL FROM THE DETERMINATION OF THE  AGENCY  WITH  THE
HEAD  OF  THE  AGENCY,  THE CHIEF EXECUTIVE OFFICER OR GOVERNING BODY OR
THEIR DESIGNATED REPRESENTATIVES; AND
  (2) THE APPEAL SHALL BE DETERMINED WITHIN TEN  BUSINESS  DAYS  OF  THE
RECEIPT  OF  THE  APPEAL.  WRITTEN  NOTICE OF THE DETERMINATION SHALL BE
SERVED UPON THE PERSONS REQUESTING DISCLOSURE,  THE  PERSONS  REQUESTING
DENIAL  OF DISCLOSURE AND THE COMMITTEE ON PUBLIC ACCESS TO RECORDS. THE
NOTICE SHALL CONTAIN A STATEMENT OF THE REASONS FOR THE DETERMINATION.
  (E) A PROCEEDING TO REVIEW AN ADVERSE DETERMINATION PURSUANT TO  PARA-
GRAPH  (D)  OF  THIS  SUBDIVISION  MAY  BE COMMENCED PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. SUCH PROCEEDING  MUST
BE  COMMENCED  WITHIN  FIFTEEN DAYS OF THE SERVICE OF THE WRITTEN NOTICE
CONTAINING THE ADVERSE DETERMINATION PROVIDED FOR IN SUBPARAGRAPH TWO OF
PARAGRAPH (D) OF THIS SUBDIVISION.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law; provided, that:

S. 7428                             3

  (a)  the amendments to paragraph (j) of subdivision 2 of section 87 of
the public officers law, made by section one  of  this  act,  shall  not
affect  the expiration and repeal of such paragraph and shall expire and
be deemed repealed therewith;
  (b)  the amendments to paragraph (k) of subdivision 2 of section 87 of
the public officers law, made by section one  of  this  act,  shall  not
affect  the expiration and repeal of such paragraph and shall expire and
be deemed repealed therewith; and
  (c) effective immediately, any  rules  and  regulations  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.

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