The New York State Senate

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

                                  2671

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2019
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the civil rights law, in relation to civilian  complaint
  review boards

  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  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
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, AND EXCEPT THAT A MEMBER OF  A  CIVILIAN
COMPLAINT  REVIEW  BOARD  THAT  IS  RESPONSIBLE FOR INVESTIGATING POLICE

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

                                                           LBD00130-01-9

A. 2671                             2

MISCONDUCT MAY PETITION THE COURT FOR AN ORDER PERMITTING DISCLOSURE  OF
ALL  PERSONNEL  RECORDS  IF  THOSE  RECORDS RELATE TO AN OFFICER WHO WAS
INVOLVED IN A POLICE SHOOTING OR POLICE MISCONDUCT.
  § 2. This act shall take effect immediately.