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Assembly Bill A1016

2013-2014 Legislative Session

Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records of certain officers

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Archive: Last Bill Status - In Assembly Committee

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2013-A1016 (ACTIVE) - Details

See Senate Version of this Bill:
S2628
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4053, S1779
2011-2012: A768, S1106
2015-2016: A2366, S1596
2017-2018: A53, S3279
2019-2020: A2671, S4214

2013-A1016 (ACTIVE) - Summary

Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records if those records relate to an officer who was involved in a police shooting or police misconduct.

2013-A1016 (ACTIVE) - Bill Text download pdf 

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

                                  1016

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the civil rights law, in relation to civilian  complaint
  review boards

  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, AND EXCEPT THAT A MEMBER OF A CIVILIAN
COMPLAINT REVIEW BOARD THAT  IS  RESPONSIBLE  FOR  INVESTIGATING  POLICE
MISCONDUCT  MAY PETITION THE COURT FOR AN ORDER PERMITTING DISCLOSURE OF
ALL PERSONNEL RECORDS IF THOSE RECORDS RELATE  TO  AN  OFFICER  WHO  WAS
INVOLVED IN A POLICE SHOOTING OR POLICE MISCONDUCT.
  S 2. This act shall take effect immediately.

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