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 |
Mar 14, 2012 |
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 |
Senate Bill S1751
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly 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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2011-S1751 - Details
- See Assembly Version of this Bill:
- A4872
- Current Committee:
- Assembly Codes
- 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 Other Legislative Sessions:
-
2009-2010:
S2117, A3512
2013-2014: S2174, A2139
2015-2016: S1467, A2796
2017-2018: S224, A4096
2019-2020: A851
2011-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.
2011-S1751 - Sponsor Memo
BILL NUMBER:S1751 TITLE OF BILL: 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 PURPOSE: This bill would amend Civil Rights Law §50-a to include within the confidentiality provisions for police personnel records those records that include the identity of undercover police officers. The bill would also amend Criminal Procedure Law §60.l6 to create a procedure whereby a District Attorney may request that an undercover officer's identity be protected. There would be a rebuttable presumption that an undercover police officer would be endangered, or his or her effectiveness compromised, by public disclosure of his or her identity. Therefore, unless the presumption is rebutted, the court would be required to direct the witness to testify under a pseudonym such as a shield number. The bill allows the District Attorney to ask the court for additional measures to protect the police officer's identity if necessary. These requests would continue to be governed by standards articulated by the United States Supreme Court in WALLER V. GEORGIA, 467 U.S. 39,48 (1984). In
2011-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
(R, C, IP) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
2011-S1751A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4872
- Current Committee:
- Assembly Codes
- 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 Other Legislative Sessions:
-
2009-2010:
S2117, A3512
2013-2014: S2174, A2139
2015-2016: S1467, A2796
2017-2018: S224, A4096
2019-2020: A851
2011-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.
2011-S1751A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1751A TITLE OF BILL: 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 PURPOSE: This bill would amend Civil Rights Law §50-a to include within the confidentiality provisions for police personnel records those records that include the identity of undercover police officers. The bill would also amend Criminal Procedure Law §60.l5 to create a procedure whereby a District Attorney may request that an undercover officer's identity be protected. There would be a rebuttable presumption that an undercover police officer would be endangered, or his or her effectiveness compromised, by public disclosure of his or her identity. Therefore, unless the presumption is rebutted, the court would be required to direct the witness to testify under a pseudonym such as a shield number. The bill allows the District Attorney to ask the court for additional measures to protect the police officer's identity if necessary. These requests would continue to be governed by standards articulated by the united States Supreme Court in WALLER V. GEORGIA, 467 U.S. 39,48 (1984). In addition, the bill would allow a defendant to require the court to instruct the jury that no
2011-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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