senate Bill S7818

2011-2012 Legislative Session

Relates to access to certain records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 25, 2012 referred to rules

S7818 (ACTIVE) - Details

See Assembly Version of this Bill:
A9460
Current Committee:
Senate Rules
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: S5975, A5170
2015-2016: A4468
2017-2018: A3463
2019-2020: A3939

S7818 (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.

S7818 (ACTIVE) - Sponsor Memo

S7818 (ACTIVE) - Bill Text download pdf

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

                                  7818

                            I N  S E N A T E

                              June 25, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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.
                                                           LBD14817-03-2

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