assembly Bill A9460

2011-2012 Legislative Session

Relates to access to certain records

download bill text pdf

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 referred to investigations and government operations
delivered to senate
passed assembly
Mar 12, 2012 ordered to third reading rules cal.13
rules report cal.13
reported
reported referred to rules
Mar 06, 2012 reported referred to codes
Mar 02, 2012 referred to governmental operations

Co-Sponsors

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A9460 (ACTIVE) - Details

See Senate Version of this Bill:
S7818
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 89, Pub Off L; amd §50-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5170, S5975
2015-2016: A4468
2017-2018: A3463
2019-2020: A3939

A9460 (ACTIVE) - Summary

Relates to requiring a particularized and specific justification for denial of access to records under the freedom of information law, exemption from disclosure under the freedom of information law of certain law enforcement related records and to records identifying victims.

A9460 (ACTIVE) - Bill Text download pdf

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

                                  9460

                          I N  A S S E M B L Y

                              March 2, 2012
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SILVER, GLICK, GALEF, MARKEY, REIL-
  LY, BENEDETTO, LATIMER, LAVINE, PEOPLES-STOKES, SCHIMEL --  read  once
  and referred to the Committee on Governmental Operations

AN  ACT  to  amend  the  public officers law, in relation to requiring a
  particularized and specific justification  for  denial  of  access  to
  records  under  the  freedom  of  information  law  and exemption from
  disclosure under  the  freedom  of  information  law  of  certain  law
  enforcement  related  records;  and  to amend the civil rights law, in
  relation to records identifying victims

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

  Section  1. Section 87 of the public officers law is amended by adding
a new subdivision 6 to read as follows:
  6. WHEN A REQUEST IS MADE FOR AGENCY RECORDS AND THE AGENCY  RECEIVING
SUCH REQUEST IS CONSIDERING DENYING ACCESS PURSUANT TO SUBPARAGRAPH I OF
PARAGRAPH  (E)  OF  SUBDIVISION  TWO OF THIS SECTION ON THE GROUNDS THAT
DISCLOSURE WOULD  INTERFERE  WITH  A  JUDICIAL  PROCEEDING,  THE  AGENCY
RECEIVING  SUCH  REQUEST  SHALL  PROMPTLY  NOTIFY, IN WRITING, THE JUDGE
BEFORE WHOM SUCH JUDICIAL PROCEEDING IS PENDING AND  THE  PERSON  MAKING
THE REQUEST. SUCH JUDGE SHALL NOTIFY THE PERSON REQUESTING THE RECORD OF
ITS  RECEIPT,  AND  OFFER  THE PERSON REQUESTING THE RECORD A REASONABLE
OPPORTUNITY TO BE HEARD. AFTER DUE DELIBERATION, SUCH JUDGE SHALL DETER-
MINE WHETHER ACCESS TO SUCH RECORDS SHOULD BE DENIED PURSUANT TO SUBPAR-
AGRAPH I OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION  AND  SHALL
SUBMIT  SUCH  DETERMINATION  IN  WRITING  TO  THE  AGENCY AND THE PERSON
REQUESTING THE RECORD.  THE AGENCY SHALL THEN PROCEED AS REQUIRED PURSU-
ANT TO THIS ARTICLE, IN ACCORDANCE WITH THE COURT'S DETERMINATION.
  S 2. Subdivision 6 of section 89 of the public officers law, as  added
by  chapter  933 of the laws of 1977 and as renumbered by chapter 890 of
the laws of 1981, is amended to read as follows:
  6. Nothing in this article shall be construed to limit or abridge  any
otherwise  available right of access at law or in equity of any party to
records. A DENIAL OF ACCESS TO RECORDS OR TO PORTIONS  THEREOF  PURSUANT
TO  THIS  ARTICLE SHALL NOT LIMIT OR ABRIDGE ANY PARTY'S RIGHT OF ACCESS

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