senate Bill S5950A

Signed By Governor
2013-2014 Legislative Session

Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 signed chap.516
Dec 05, 2014 delivered to governor
Jun 16, 2014 returned to senate
passed assembly
ordered to third reading rules cal.270
substituted for a8192a
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 09, 2014 amended on third reading 5950a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.760
Jan 08, 2014 referred to codes
Oct 11, 2013 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5950 - Bill Details

See Assembly Version of this Bill:
A8192A
Law Section:
Civil Rights Law
Laws Affected:
Amd §50-a, Civ Rts L

S5950 - Bill Texts

view summary

Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers.

view sponsor memo
BILL NUMBER:S5950

TITLE OF BILL: An act to amend the civil rights law, in relation to
including probation officers with respect to the confidentiality of
personnel records of police officers, firefighters and correction
officers

PURPOSE: To make the personnel records of a probation officer
confidential.

SUMMARY OF PROVISIONS: This bill adds probation officers to the list
of employees whose records are confidential under section 50-a of the
Civil Rights Law.

Section 2. sets forth the effective date.

EXISTING LAW: None.

JUSTIFICATION: Police officers, corrections officers, and employees
who serve in a capacity to enforce criminal laws are at risk of
retribution by the individuals they come into contact with. One manner
in which criminals have attempted to retaliate against law enforcement
officers is by gathering sensitive information found within an
employee's personnel file. These files are, generally, available to
the public; however, exceptions have been made to protect law
enforcement, investigators, correction officers, and other similarly
situated employees. This bill would add probation officers to this
list of those employees that have this protection. Probation officers
are at risk of similar acts of retribution by those individuals they
oversee and manage. Probation officers' personnel records should be
confidential too.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5950

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 11, 2013
                               ___________

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

AN ACT to amend the civil rights law, in relation to including probation
  officers with respect to the confidentiality of personnel  records  of
  police officers, firefighters and correction officers

  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 AND TWENTY-FOUR 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, fire-
fighter,  firefighter/paramedic,  correction  officer  or  peace officer
within the department of corrections and community supervision except as
may be mandated by lawful court order.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11765-02-3

S5950A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8192A
Law Section:
Civil Rights Law
Laws Affected:
Amd §50-a, Civ Rts L

S5950A (ACTIVE) - Bill Texts

view summary

Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers.

view sponsor memo
BILL NUMBER:S5950A

TITLE OF BILL: An act to amend the civil rights law, in relation to
including probation officers with respect to the confidentiality of
personnel records of police officers, firefighters and correction
officers

PURPOSE:

To make the personnel records of a probation officer confidential.

SUMMARY OF PROVISIONS:

Section one adds probation officers to the list of employees whose
records are confidential under section 50-a of the Civil Rights Law.

Section two states that this act shall take effect immediately.

EXISTING LAW:

None.

JUSTIFICATION:

Police officers, corrections officers, and employees who serve in a
capacity to enforce criminal laws are at risk of retribution by the
individuals they come into contact with. One manner in which criminals
have attempted to retaliate against law enforcement officers is by
gathering sensitive information found within an employee's personnel
file. These files are, generally, available to the public; however,
exceptions have been made to protect law enforcement, investigators,
correction officers, and other similarly situated employees. This bill
would add probation officers to this list of those employees that have
this protection. Probation officers are at risk of similar acts of
retribution by those individuals they oversee and manage. Probation
officers' personnel records should be confidential too.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 5950--A
    Cal. No. 760

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 11, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the civil rights law, in relation to including probation
  officers with respect to the confidentiality of personnel  records  of
  police officers, firefighters and correction officers

  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  AND  SUCH
PERSONNEL  RECORDS UNDER THE CONTROL OF A PROBATION DEPARTMENT FOR INDI-
VIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY-FOUR OF
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW shall be considered confiden-
tial and not subject to inspection or review without the express written

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11765-04-4

S. 5950--A                          2

consent of  such  police  officer,  firefighter,  firefighter/paramedic,
correction officer or peace officer within the department of corrections
and  community  supervision  OR  PROBATION  DEPARTMENT  except as may be
mandated by lawful court order.
  S 2. This act shall take effect immediately.

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