Assembly Bill A10580

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10580
 
                           I N  A S S E M B L Y
 
                               June 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Hyndman,
   Barnwell, Epstein, Fernandez, Galef, Bichotte, Ortiz, Williams, Simon,
   Darling, Hunter) -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law and the civil rights law, in  relation
   to police officer and peace officer hiring and transfers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  845-e
 to read as follows:
   §  845-E.  POLICE  OFFICER AND PEACE OFFICER HIRING AND TRANSFERS.  1.
 POLICE AGENCIES SHALL THOROUGHLY EXAMINE ANY POSSIBLE INTERNAL FILES  OF
 POLICE  MISCONDUCT  AND COMPLAINTS BEFORE RECRUITING A POLICE OFFICER OR
 PEACE OFFICER ON A LATERAL TRANSFER FROM ANOTHER POLICE AGENCY,  FROM  A
 POLICE  DEPARTMENT  FROM  ANY  STATE  OR AMERICAN TERRITORY, OR AS A NEW
 RECRUIT.
   2. NO POLICE AGENCY SHALL RECRUIT, HIRE, ALLOW TO ENROLL, OR ALLOW  TO
 TRANSFER  ANY  POLICE  OFFICER  OR  PEACE OFFICER WHERE SUCH OFFICER WAS
 FIRED, RELIEVED OF HIS OR HER DUTY, OR RESIGNED AS A RESULT OF:
   (A) POLICE MISCONDUCT;
   (B) OFF-DUTY MISCONDUCT;
   (C) AN INVESTIGATION FOR ANY KIND OF POLICE  MISCONDUCT  AND  OFF-DUTY
 MISCONDUCT; OR
   (D) A MISDEMEANOR OR FELONY CHARGE.
   § 2. Subdivision 1 of section 50-a of the civil rights law, as amended
 by chapter 516 of the laws of 2014, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16573-01-0

 A. 10580                            2
 
 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
 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 OR UPON REQUEST FROM A 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  WHICH
 IS REQUIRED TO REVIEW SUCH PERSONNEL RECORDS UNDER SECTION EIGHT HUNDRED
 FORTY-FIVE-E OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.