senate Bill S1751A

2011-2012 Legislative Session

Authorizes prosecuting agency to move to have identity of undercover public officers and employees protected while testifying in court

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.416
Mar 14, 2012 print number 1751a
amend and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 02, 2011 referred to codes
delivered to assembly
passed senate
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.722
Jan 12, 2011 referred to codes

Votes

view votes

Mar 20, 2012 - Codes committee Vote

S1751A
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 17, 2011 - Codes committee Vote

S1751
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1751 - Details

See Assembly Version of this Bill:
A4872A
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Amd §50-a, Civ Rts L; amd §60.15, CP L; add §343.6, Fam Ct Act; add R4516-a, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S2117, A3512

S1751 - Summary

Authorizes the people in a criminal proceeding, the presentment agency in a juvenile delinquency proceeding and a governmental agency or public employer in a civil enforcement action to move to protect the identity, address and any other identifying information of any witness who is an undercover public officer or employee when the disclosure of the identity of such officer or employee would endanger the officer's life or employee's or compromise his or her continued effectiveness.

S1751 - Sponsor Memo

S1751 - Bill Text download pdf

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

                                  1751

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, RANZENHOFER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN  ACT  to  amend the civil rights law, the criminal procedure law, the
  family court act and the civil practice law and rules, in relation  to
  protecting the identity of undercover public officers and employees

  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  chapter  137  of  the  laws  of 2002, is amended to read as
follows:
  1. All personnel records, used to evaluate performance toward  contin-
ued  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  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. FOR PURPOSES OF THIS SECTION, PERSONNEL
RECORDS SHALL INCLUDE ANY REPORT, PAPER, PICTURE, PHOTOGRAPH, COURT FILE
OR OTHER DOCUMENT, IN THE CUSTODY OR POSSESSION OF ANY PUBLIC OFFICER OR
EMPLOYEE, WHICH TENDS TO IDENTIFY BY NAME OR IMAGE AN INDIVIDUAL WHO  IS
PERFORMING  OR  HAS  PERFORMED OFFICIAL DUTIES IN A COVERT OR UNDERCOVER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04209-02-1

Co-Sponsors

S1751A (ACTIVE) - Details

See Assembly Version of this Bill:
A4872A
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Amd §50-a, Civ Rts L; amd §60.15, CP L; add §343.6, Fam Ct Act; add R4516-a, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S2117, A3512

S1751A (ACTIVE) - Summary

Authorizes the people in a criminal proceeding, the presentment agency in a juvenile delinquency proceeding and a governmental agency or public employer in a civil enforcement action to move to protect the identity, address and any other identifying information of any witness who is an undercover public officer or employee when the disclosure of the identity of such officer or employee would endanger the officer's life or employee's or compromise his or her continued effectiveness.

S1751A (ACTIVE) - Sponsor Memo

S1751A (ACTIVE) - Bill Text download pdf

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

                                 1751--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, RANZENHOFER -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the civil rights law, the criminal  procedure  law,  the
  family  court act and the civil practice law and rules, in relation to
  protecting the identity of undercover public officers and employees

  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 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
department  of  corrections  and  community supervision except as may be
mandated by lawful court order.  FOR PURPOSES OF THIS SECTION, PERSONNEL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04209-03-2

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