The New York State Senate

                    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 Section 50-a of the civil rights law is REPEALED.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.

                                                           LBD16577-06-0

A. 10611                            2

  9. "TECHNICAL INFRACTION" MEANS A MINOR RULE  VIOLATION  BY  A  PERSON
EMPLOYED  BY  A  LAW  ENFORCEMENT AGENCY AS DEFINED IN THIS SECTION AS A
POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
SOLELY  RELATED  TO THE ENFORCEMENT OF ADMINISTRATIVE DEPARTMENTAL RULES
THAT (A) DO NOT INVOLVE INTERACTIONS WITH MEMBERS OF THE PUBLIC, (B) ARE
NOT  OF  PUBLIC  CONCERN,  AND  (C)  ARE NOT OTHERWISE CONNECTED TO SUCH
PERSON'S INVESTIGATIVE, ENFORCEMENT, TRAINING, SUPERVISION, OR REPORTING
RESPONSIBILITIES.
  § 3. Section 87 of the public officers law is amended  by  adding  two
new subdivisions 4-a and 4-b to read as follows:
  4-A. A LAW ENFORCEMENT AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCE-
MENT DISCIPLINARY RECORDS AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTI-
CLE  SHALL  REDACT ANY PORTION OF SUCH RECORD CONTAINING THE INFORMATION
SPECIFIED IN SUBDIVISION TWO-B OF SECTION EIGHTY-NINE  OF  THIS  ARTICLE
PRIOR TO DISCLOSING SUCH RECORD UNDER THIS ARTICLE.
  4-B. A LAW ENFORCEMENT AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCE-
MENT  DISCIPLINARY  RECORDS,  AS  DEFINED  IN SECTION EIGHTY-SIX OF THIS
ARTICLE, MAY REDACT ANY PORTION OF SUCH RECORD CONTAINING  THE  INFORMA-
TION SPECIFIED IN SUBDIVISION TWO-C OF SECTION EIGHTY-NINE OF THIS ARTI-
CLE PRIOR TO DISCLOSING SUCH RECORD UNDER THIS ARTICLE.
  §  4.  Section  89 of the public officers law is amended by adding two
new subdivisions 2-b and 2-c to read as follows:
  2-B. FOR RECORDS THAT CONSTITUTE LAW ENFORCEMENT DISCIPLINARY  RECORDS
AS  DEFINED  IN SUBDIVISION SIX OF SECTION EIGHTY-SIX OF THIS ARTICLE, A
LAW ENFORCEMENT AGENCY SHALL REDACT THE FOLLOWING INFORMATION FROM  SUCH
RECORDS PRIOR TO DISCLOSING SUCH RECORDS UNDER THIS ARTICLE:
  (A)  ITEMS INVOLVING THE MEDICAL HISTORY OF A PERSON EMPLOYED BY A LAW
ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE AS A
POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
NOT INCLUDING RECORDS OBTAINED DURING THE COURSE OF AN AGENCY'S INVESTI-
GATION  OF SUCH PERSON'S MISCONDUCT THAT ARE RELEVANT TO THE DISPOSITION
OF SUCH INVESTIGATION;
  (B) THE HOME ADDRESSES,  PERSONAL  TELEPHONE  NUMBERS,  PERSONAL  CELL
PHONE  NUMBERS,  PERSONAL E-MAIL ADDRESSES OF A PERSON EMPLOYED BY A LAW
ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE AS A
POLICE OFFICER, PEACE OFFICER, OR FIREFIGHTER OR  FIREFIGHTER/PARAMEDIC,
OR  A  FAMILY MEMBER OF SUCH A PERSON, A COMPLAINANT OR ANY OTHER PERSON
NAMED IN A LAW ENFORCEMENT DISCIPLINARY RECORD,  EXCEPT  WHERE  REQUIRED
PURSUANT  TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, OR IN ACCORDANCE
WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHT OF THE CIVIL  SERVICE
LAW,  OR AS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT PROHIBIT
OTHER PROVISIONS  OF  LAW  REGARDING  WORK-RELATED,  PUBLICLY  AVAILABLE
INFORMATION SUCH AS TITLE, SALARY, AND DATES OF EMPLOYMENT;
  (C) ANY SOCIAL SECURITY NUMBERS; OR
  (D)  DISCLOSURE  OF  THE USE OF AN EMPLOYEE ASSISTANCE PROGRAM, MENTAL
HEALTH SERVICE, OR  SUBSTANCE  ABUSE  ASSISTANCE  SERVICE  BY  A  PERSON
EMPLOYED BY A LAW ENFORCEMENT AGENCY AS DEFINED IN SECTION EIGHTY-SIX OF
THIS  ARTICLE  AS  A  POLICE  OFFICER,  PEACE OFFICER, OR FIREFIGHTER OR
FIREFIGHTER/PARAMEDIC, UNLESS SUCH USE IS MANDATED BY A LAW  ENFORCEMENT
DISCIPLINARY PROCEEDING THAT MAY OTHERWISE BE DISCLOSED PURSUANT TO THIS
ARTICLE.
  2-C.   FOR  RECORDS  THAT  CONSTITUTE  "LAW  ENFORCEMENT  DISCIPLINARY
RECORDS" AS DEFINED IN SUBDIVISION SIX OF  SECTION  EIGHTY-SIX  OF  THIS
ARTICLE, A LAW ENFORCEMENT AGENCY MAY REDACT RECORDS PERTAINING TO TECH-
NICAL  INFRACTIONS  AS DEFINED IN SUBDIVISION NINE OF SECTION EIGHTY-SIX
OF THIS ARTICLE PRIOR TO DISCLOSING SUCH RECORDS UNDER THIS ARTICLE.

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  § 5. This act shall take effect immediately.