S T A T E O F N E W Y O R K
________________________________________________________________________
6599
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
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Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the civil rights law, in relation to the confidentiality
of personnel records of police officers, firefighters, correction
officers and probation officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
50-a to read as follows:
§ 50-A. PERSONNEL RECORDS; CONFIDENTIALITY OF POLICE OFFICERS, FIRE-
FIGHTERS, CORRECTION OFFICERS AND PROBATION OFFICERS. 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 PURSUANT TO SUBDIVISION THIRTY-FOUR OF 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 TWEN-
TY-THREE AND TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
LAW AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A PROBATION DEPART-
MENT FOR INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION
TWENTY-FOUR OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW SHALL BE
CONSIDERED CONFIDENTIAL 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08812-01-1
A. 6599 2
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR PROBATION DEPART-
MENT EXCEPT AS MAY BE MANDATED BY LAWFUL COURT ORDER.
2. PRIOR TO ISSUING SUCH COURT ORDER THE JUDGE MUST REVIEW ALL SUCH
REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTUNITY TO BE HEARD. NO
SUCH ORDER SHALL ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO
WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
3. IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS A SUFFICIENT
BASIS HE OR SHE SHALL SIGN AN ORDER REQUIRING THAT THE PERSONNEL RECORDS
IN QUESTION BE SEALED AND SENT DIRECTLY TO HIM OR HER. HE OR SHE SHALL
THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE RECORDS
ARE RELEVANT AND MATERIAL IN THE ACTION BEFORE HIM OR HER. UPON SUCH
FINDING THE COURT SHALL MAKE THOSE PARTS OF THE RECORD FOUND TO BE RELE-
VANT AND MATERIAL AVAILABLE TO THE PERSONS SO REQUESTING.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DISTRICT
ATTORNEY OR HIS OR HER ASSISTANTS, THE ATTORNEY GENERAL OR HIS OR HER
DEPUTIES OR ASSISTANTS, A COUNTY ATTORNEY OR HIS OR HER DEPUTIES OR
ASSISTANTS, A CORPORATION COUNSEL OR HIS OR HER DEPUTIES OR ASSISTANTS,
A TOWN ATTORNEY OR HIS OR HER DEPUTIES OR ASSISTANTS, A VILLAGE ATTORNEY
OR HIS OR HER DEPUTIES OR ASSISTANTS, A GRAND JURY, OR ANY AGENCY OF
GOVERNMENT WHICH REQUIRES THE RECORDS DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION, IN THE FURTHERANCE OF THEIR OFFICIAL FUNCTIONS.
§ 2. This act shall take effect immediately.