Assembly Bill A10611

Signed By Governor
2019-2020 Legislative Session

Relates to the disclosure of law enforcement disciplinary records; and to repeal section 50-a of the civil rights law relating thereto

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8496 - Signed by Governor


  • 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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2019-A10611 (ACTIVE) - Details

See Senate Version of this Bill:
S8496
Law Section:
Civil Rights Law
Laws Affected:
Rpld §50-a, Civ Rts L; amd §§86, 87 & 89, Pub Off L

2019-A10611 (ACTIVE) - Summary

Relates to the disclosure of law enforcement disciplinary records.

2019-A10611 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10611
 
                           I N  A S S E M B L Y
 
                               June 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law and the  public  officers  law,  in
   relation  to  the  disclosure of law enforcement disciplinary records;
   and to repeal section 50-a of the civil rights law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50-a of the civil rights law is REPEALED.
   §  2.  Section 86 of the public officers law is amended by adding four
 new subdivisions 6, 7, 8 and 9 to read as follows:
   6. "LAW ENFORCEMENT DISCIPLINARY RECORDS" MEANS ANY RECORD CREATED  IN
 FURTHERANCE OF A LAW ENFORCEMENT DISCIPLINARY PROCEEDING, INCLUDING, BUT
 NOT LIMITED TO:
   (A) THE COMPLAINTS, ALLEGATIONS, AND CHARGES AGAINST AN EMPLOYEE;
   (B) THE NAME OF THE EMPLOYEE COMPLAINED OF OR CHARGED;
   (C) THE TRANSCRIPT OF ANY DISCIPLINARY TRIAL OR HEARING, INCLUDING ANY
 EXHIBITS INTRODUCED AT SUCH TRIAL OR HEARING;
   (D) THE DISPOSITION OF ANY DISCIPLINARY PROCEEDING; AND
   (E) THE FINAL WRITTEN OPINION OR MEMORANDUM SUPPORTING THE DISPOSITION
 AND  DISCIPLINE IMPOSED INCLUDING THE AGENCY'S COMPLETE FACTUAL FINDINGS
 AND ITS ANALYSIS OF  THE  CONDUCT  AND  APPROPRIATE  DISCIPLINE  OF  THE
 COVERED EMPLOYEE.
   7. "LAW ENFORCEMENT DISCIPLINARY PROCEEDING" MEANS THE COMMENCEMENT OF
 ANY  INVESTIGATION  AND  ANY  SUBSEQUENT  HEARING OR DISCIPLINARY ACTION
 CONDUCTED BY A LAW ENFORCEMENT AGENCY.
   8. "LAW ENFORCEMENT AGENCY" MEANS 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,  A  SHERIFF'S
 DEPARTMENT,  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, A
 LOCAL DEPARTMENT OF CORRECTION, A LOCAL  PROBATION  DEPARTMENT,  A  FIRE
 DEPARTMENT,   OR  FORCE  OF  INDIVIDUALS  EMPLOYED  AS  FIREFIGHTERS  OR
 FIREFIGHTER/PARAMEDICS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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