Assembly Bill A4468

2015-2016 Legislative Session

Relates to access to certain records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


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

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2015-A4468 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
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:
2011-2012: A9460
2013-2014: A5170
2017-2018: A3463
2019-2020: A3939
2021-2022: A5470

2015-A4468 (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.

2015-A4468 (ACTIVE) - Bill Text download pdf

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

                                  4468

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  SILVER,  GLICK, GALEF, MARKEY,
  LAVINE, PEOPLES-STOKES, SCHIMEL, ROSENTHAL,  ABINANTI  --  Multi-Spon-
  sored  by  -- M. of A. FARRELL, PERRY -- read once and referred to the
  Committee on Governmental Operations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07409-01-5

              

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