NY State Senate Bill 2019-S8674

Archive: Last Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 02, 2020	referred to rules

co-Sponsors

2019-S8674 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §§86, 87 & 89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6286
2023-2024: S4595

2019-S8674 (ACTIVE) - Summary

Requires redaction of unfounded and unsubstantiated allegations in law enforcement disciplinary records.

2019-S8674 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8674

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting the
public disclosure of unsubstantiated or unfounded complaints, allega-
tions and charges made against law enforcement officers

 
PURPOSE:

To ensure that complaints made available for public records regarding
law enforcement officers are substantiated.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Public Officers Law to define "unsubstantiated
complaint, allegation or charge" and "unfounded complaint, allegation or
charge."

Section 2: Requires that records pertaining to technical infractions

shall be redacted when a law enforcement agency responds to a request
for law enforcement disciplinary records.

Section 3: Requires the redaction of records pertaining to complaints,
allegations and charges that are unsubstantiated or unfounded prior to
disclosure of law enforcement disciplinary records.

Section 4: Provides the effective date.

 
JUSTIFICATION:

In 1976, Section 50-A of the Civil Rights Law was enacted to prevent the
harassment of officers choosing to testify in court, and protect such
officers from "fishing expeditions" by criminal defense attorneys who
could use unsubstantiated complaints to impugn an officer's character
during cross examination. The law, which applied to police, peace and
correction officers, as well as firefighters, did allow for records to
be disclosed by court order when a legitimate need has been demon-
strated, however in recent years, there have been concerns that the law
has been applied in a manner that shields records beyond the statute's
original intent. In light of this, legislation was recently signed into
law to repeal 50-A of the Civil Rights Law and reopen the public access
of such disciplinary records, regardless of a specific need being demon-
strated.

Unfortunately, this repeal did not apply appropriate safeguards to
prevent the harassment of police and other first responders, or prevent
the misuse of these records. While it is critical that anyone who abuses
their position of authority or trust is appropriately disciplined,
utilizing unsubstantiated or unfounded complaints made against officers,
jeopardize the integrity of the legal process and the safety of these
men and women, and their families.

New York State Law recognizes the importance of protecting individuals
from the exposure of unsubstantiated and unfounded accusations of
misconduct, as such protections exist in statute for teachers and physi-
cians, for example. Unfortunately, the repeal of 50-A without appropri-
ate safeguards, jeopardizes not only the safety and reputations of great
officers, but it jeopardizes the safety of crime victims as well given
the fact that 50-a was initially instituted to ensure officers could
safely testify in court on behalf of victims.  This bill seeks to
address and correct the stark oversight that was enacted as part of the
repeal of 50-A, and brings parity to protections provided individuals
employed in other public facing professions by preventing the public
disclosure of unfounded claims, as well as technical infractions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2020 amending the civil rights law and the public
officers law relating to the disclosure of law enforcement disciplinary
records, as proposed in legislative bills numbers S.  8496 and A. 10611,
takes effect.

2019-S8674 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8674
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to prohibiting  the
   public  disclosure of unsubstantiated or unfounded complaints, allega-
   tions and charges made against law enforcement officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 86 of the public officers law is amended by adding
 two new subdivisions 10 and 11 to read as follows:
   10.  "UNSUBSTANTIATED  COMPLAINT,  ALLEGATION  OR  CHARGE"  MEANS  ANY
 COMPLAINT,  ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW
 ENFORCEMENT AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE
 OFFICER, OR FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THE  EVIDENCE  IS
 INSUFFICIENT  TO DETERMINE WHETHER THE PERSON EMPLOYED BY A LAW ENFORCE-
 MENT AGENCY DID OR DID NOT COMMIT MISCONDUCT.
   11. "UNFOUNDED COMPLAINT, ALLEGATION OR CHARGE" MEANS  ANY  COMPLAINT,
 ALLEGATION  OR  CHARGE  AGAINST  A  PERSON EMPLOYED BY A LAW ENFORCEMENT
 AGENCY AS DEFINED IN THIS SECTION AS A POLICE OFFICER, PEACE OFFICER, OR
 FIREFIGHTER OR FIREFIGHTER/PARAMEDIC WHERE THERE IS SUFFICIENT  CREDIBLE
 EVIDENCE TO BELIEVE THAT THE SUBJECT EMPLOYED BY A LAW ENFORCEMENT AGEN-
 CY DID NOT COMMIT THE ALLEGED ACT.
   §  2.  Subdivision  4-b  of  section 87 of the public officers law, as
 added by a chapter of the laws of 2020 amending the civil rights law and
 the public officers law relating to the disclosure  of  law  enforcement
 disciplinary  records,  as proposed in legislative bills numbers S. 8496
 and A. 10611, is amended to read as follows:
   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]  SHALL  redact any portion of such record containing the
 information specified in subdivision two-c  of  section  eighty-nine  of
 this article prior to disclosing such record under this article.
   §  3.  Subdivision  2-c  of  section 89 of the public officers law, as
 added by a chapter of the laws of 2020 amending the civil rights law and
 the public officers law relating to the disclosure  of  law  enforcement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16856-01-0

 S. 8674                             2
 
 disciplinary  records,  as  proposed in legislative bills numbers S.8496
 and A.10611, is amended to read as follows:
   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] SHALL redact records pertaining
 to technical infractions as  defined  in  subdivision  nine  of  section
 eighty-six of this article AND RECORDS PERTAINING TO COMPLAINTS, ALLEGA-
 TIONS  AND CHARGES AGAINST A PERSON EMPLOYED BY A LAW ENFORCEMENT AGENCY
 THAT ARE UNSUBSTANTIATED OR UNFOUNDED AS DEFINED BY SUBDIVISIONS TEN AND
 ELEVEN OF SECTION EIGHTY-SIX OF THIS ARTICLE prior  to  disclosing  such
 records under this article.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2020 amending the  civil  rights  law
 and  the  public officers law relating to the disclosure of law enforce-
 ment disciplinary records, as proposed in legislative bills  numbers  S.
 8496 and A. 10611, takes effect.

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Senate Bill S8674

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S8674 (ACTIVE) - Details

2019-S8674 (ACTIVE) - Summary

2019-S8674 (ACTIVE) - Sponsor Memo

2019-S8674 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8674

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Patrick M. Gallivan

Chris Jacobs

Daphne Jordan

2019-S8674 (ACTIVE) - Details

2019-S8674 (ACTIVE) - Summary

2019-S8674 (ACTIVE) - Sponsor Memo

2019-S8674 (ACTIVE) - Bill Text download pdf

Comments