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.