S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    72
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. QUART, BICHOTTE, KIM, DILAN, BENEDETTO, EPSTEIN,
   GOTTFRIED, REYES, HUNTER, HYNDMAN, JOYNER -- 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  information  included as personnel records; and to amend
   the criminal procedure law, in  relation  to  making  certain  records
   available  to  independent  review boards investigating allegations of
   police or law enforcement misconduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of section 1-a of the civil rights
 law is designated subdivision 1 and a new subdivision 2 is added to read
 as follows:
   2. THE TERM "RECORDING", AS  USED  IN  THIS  CHAPTER,  SHALL  MEAN  AN
 ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
 FILM,  HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE DEVICE
 OR ANY OTHER MEDIUM ON WHICH SUCH SOUNDS, IMAGES,  OR  BOTH  SOUNDS  AND
 IMAGES  ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR REPROD-
 UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
   § 2. Paragraph (c) of subdivision 2 of section 89 of the public  offi-
 cers  law,  as amended by section 11 of part U of chapter 61 of the laws
 of 2011, is amended to read as follows:
   (c) Unless otherwise provided by this article, disclosure shall not be
 construed to constitute an  unwarranted  invasion  of  personal  privacy
 pursuant to paragraphs (a) and (b) of this subdivision:
   i. when identifying details are deleted OR REDACTED;
   ii.  when  the person to whom a record pertains consents in writing to
 disclosure;
   iii. when upon presenting reasonable proof of identity, a person seeks
 access to records pertaining to him or her; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01631-01-1

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   iv. when a record or group of records relates to the right,  title  or
 interest  in real property, or relates to the inventory, status or char-
 acteristics of real property, in which  case  disclosure  and  providing
 copies  of such record or group of records shall not be deemed an unwar-
 ranted  invasion of personal privacy, provided that nothing herein shall
 be construed to authorize the disclosure of electronic contact  informa-
 tion,  such  as an e-mail address or a social network username, that has
 been collected from a taxpayer under section one  hundred  four  of  the
 real property tax law.
   §  3. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) such records shall be made available to the person accused  or  to
 such  person's  designated  agent,  and shall be made available to (i) a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
 enforcement agency upon ex parte motion in any superior court, or in any
 district court, city court or the criminal court of the city of New York
 provided  that such court sealed the record, if such agency demonstrates
 to the satisfaction of the court that justice requires that such records
 be made available to it, or (iii) any state or local officer  or  agency
 with  responsibility  for the issuance of licenses to possess guns, when
 the accused has made application for such a license,  or  (iv)  the  New
 York  state department of corrections and community supervision when the
 accused is on parole supervision as a result of conditional release or a
 parole release granted by the New York state board of  parole,  and  the
 arrest  which  is the subject of the inquiry is one which occurred while
 the accused was under such supervision, or (v) any prospective  employer
 of  a  police  officer  or  peace  officer as those terms are defined in
 subdivisions thirty-three and thirty-four of section 1.20 of this  chap-
 ter, in relation to an application for employment as a police officer or
 peace  officer; provided, however, that every person who is an applicant
 for the position of police officer or peace officer shall  be  furnished
 with a copy of all records obtained under this paragraph and afforded an
 opportunity  to  make  an  explanation  thereto,  or  (vi) the probation
 department responsible for supervision of the accused  when  the  arrest
 which  is  the  subject  of  the inquiry is one which occurred while the
 accused was under such supervision, OR (VII) AN INDEPENDENT REVIEW BOARD
 INVESTIGATING ALLEGATIONS OF POLICE OR LAW ENFORCEMENT MISCONDUCT, WHERE
 SUCH RECORDS PERTAIN TO THE ALLEGATIONS BEING INVESTIGATED; and
   § 4. Paragraph (d) of subdivision 1 of section 160.55 of the  criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be  made  available to the person accused or to such person's designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in which the accused has moved for an order pursuant to  section  170.56
 or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
 parte motion in any superior court, or in any district court, city court
 or the criminal court of the city of New York provided that  such  court
 sealed  the  record,  if such agency demonstrates to the satisfaction of
 the court that justice requires that such records be made  available  to
 it,  or  (iii)  any state or local officer or agency with responsibility
 for the issuance of licenses to possess guns, when the accused has  made
 application for such a license, or (iv) the New York state department of
 corrections  and  community supervision when the accused is under parole

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 supervision as a result of conditional release or parole release granted
 by the New York state board of  parole  and  the  arrest  which  is  the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision  of  the  accused  when  the  arrest  which is the subject of the
 inquiry is one which occurred while the accused was  under  such  super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality
 and  parole  department,  for  law  enforcement purposes, upon arrest in
 instances in which the individual stands convicted of harassment in  the
 second  degree, as defined in section 240.26 of the penal law, committed
 against a member of the same family or household as  the  defendant,  as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined  pursuant  to subdivision eight-a of section 170.10 of this title,
 OR (VII) AN INDEPENDENT REVIEW BOARD INVESTIGATING ALLEGATIONS OF POLICE
 OR LAW ENFORCEMENT MISCONDUCT, WHERE SUCH RECORDS PERTAIN TO THE ALLEGA-
 TIONS BEING INVESTIGATED; and
   § 5. Subdivision 6 of section 160.58 of the criminal procedure law, as
 added by section 3 of part AAA of chapter 56 of the  laws  of  2009,  is
 amended to read as follows:
   6. Records sealed pursuant to this subdivision shall be made available
 to:
   (a) the defendant or the defendant's designated agent;
   (b)  qualified  agencies,  as  defined  in subdivision nine of section
 eight hundred thirty-five of the executive law, and  federal  and  state
 law  enforcement  agencies,  when  acting  within the scope of their law
 enforcement duties; or
   (c) any state or local officer or agency with responsibility  for  the
 issuance  of licenses to possess guns, when the person has made applica-
 tion for such a license; or
   (d) any prospective employer of a police officer or peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of this chapter, in relation to an application for  employ-
 ment as a police officer or peace officer; provided, however, that every
 person  who  is an applicant for the position of police officer or peace
 officer shall be furnished with a copy of  all  records  obtained  under
 this paragraph and afforded an opportunity to make an explanation there-
 to[.]; OR
   (E) AN INDEPENDENT REVIEW BOARD INVESTIGATING ALLEGATIONS OF POLICE OR
 LAW  ENFORCEMENT  MISCONDUCT,  WHERE SUCH RECORDS PERTAIN TO THE ALLEGA-
 TIONS BEING INVESTIGATED.
   § 6. Subdivision 9 of section 160.59 of the criminal procedure law, as
 added by section 48 of part WWW of chapter 59 of the laws  of  2017,  is
 amended to read as follows:
   9. Records sealed pursuant to this section shall be made available to:
   (a) the defendant or the defendant's designated agent;
   (b)  qualified  agencies,  as  defined  in subdivision nine of section
 eight hundred thirty-five of the executive law, and  federal  and  state
 law  enforcement  agencies,  when  acting  within the scope of their law
 enforcement duties; or
   (c) any state or local officer or agency with responsibility  for  the
 issuance  of licenses to possess guns, when the person has made applica-
 tion for such a license; or
   (d) any prospective employer of a police officer or peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of this chapter, in relation to an application for  employ-

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 ment as a police officer or peace officer; provided, however, that every
 person  who  is an applicant for the position of police officer or peace
 officer shall be furnished with a copy of  all  records  obtained  under
 this paragraph and afforded an opportunity to make an explanation there-
 to; or
   (e)  the criminal justice information services division of the federal
 bureau of investigation, for the purposes of responding  to  queries  to
 the national instant criminal background check system regarding attempts
 to  purchase  or otherwise take possession of firearms, as defined in 18
 USC 921 (a) (3)[.]; OR
   (F) AN INDEPENDENT REVIEW BOARD INVESTIGATING ALLEGATIONS OF POLICE OR
 LAW ENFORCEMENT MISCONDUCT, WHERE SUCH RECORDS PERTAIN  TO  THE  ALLEGA-
 TIONS BEING INVESTIGATED.
   § 7. This act shall take effect immediately.