Senate Bill S5128

                                BILL NUMBER:S5128

TITLE OF BILL:
An act
to amend the civil rights law, in relation to the confidentiality of
certain personnel records maintained by the department of taxation and
finance

PURPOSE:
To amend the Civil Rights Law so as to include police
officers and peace officers employed by the Department of Taxation
and Finance within the group of law enforcement and public safety
officials whose personnel records are deemed confidential by statute.

SUMMARY OF PROVISIONS:
The bill would amend Section 50-a of the Civil
Rights Law to render confidential the personnel files of those
individuals in the Department of Taxation and Finance who hold peace
officer status pursuant to section 2.10 of the Criminal Procedure Law
(CPL) or police officer status pursuant to section 1.20 of the CPL.

EXISTING LAW:
Presently, Section 50-a of the Civil Rights Law renders
confidential the personnel files of police officers, State and county
correction officers, firefighters and firefighter/paramedics, and
parole officers. Such records may only be reviewed or inspected with
              

the consent of the affected employee or pursuant to a lawful court
order.

JUSTIFICATION:
This bill grants protection to law enforcement
personnel employed by the Department of Taxation and Finance, similar
to that granted to other law enforcement personnel and firefighters,
and most recently to Parole Officers by Chapter 137 of the Laws of
2002.
The Department of Taxation and Finance is responsible for enforcing
criminal laws that relate to taxes including taxes on cigarettes and
tobacco products, alcoholic beverages, gasoline and sales and use
taxes. The Department employs law enforcement professionals who are
authorized under the Criminal Procedure Law to exercise the powers of
police officers and peace officers in enforcing these tax laws. Their
duties include criminal investigations, serving warrants, and making
arrests. These duties expose them to the same risks as other law
enforcement officers and they must maintain similar levels of
physical fitness to perform their duties. They should therefore be
granted the same type of protection as that offered to other law
enforcement professionals.

In the absence of this protection, a person who is the subject of a
criminal investigation by these law enforcement officers could obtain
access to the personnel records of an enforcement officer. which
could reveal that officer's home address and other information that
could be used to threaten or harass an officer or their family. The
law has recognized the need for this confidentiality for other law
enforcement personnel. Since these employees of the Department of


Taxation & Finance also perform law enforcement duties, they need
similar protection.

LEGISLATIVE HISTORY:
Bill S.1295 passed the Senate in 2007 and 2008.
Bill S.2159 passed the Senate in 2005 and 2006.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.