|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 25, 2012||referred to rules|
senate Bill S7818
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7818 (ACTIVE) - Details
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
BILL NUMBER:S7818 TITLE OF BILL: 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 PURPOSE: To clarify certain provisions of FOIL and other disclosure laws to make sure that people are not wrongfully denied access to public records. SUMMARY OF PROVISIONS: This bill would make changes to the Freedom of Information Law (FOIL) and to section 50-b of the civil rights law. This bill would provide that when an agency is considering denying access to records under the law enforcement exception to FOIL on the grounds that disclosure would interfere with a judicial proceeding,
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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