S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9574
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to  amend  the  civil  rights  law,  in  relation  to  preventing
   unfounded  complaints  against  police officers, peace officers, fire-
   fighters, correction officers and emergency medical service  providers
   from being disclosed or added to a personnel record

   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 OF POLICE OFFICERS, PEACE OFFICERS, FIRE-
 FIGHTERS, CORRECTION OFFICERS AND EMERGENCY MEDICAL  SERVICE  PROVIDERS.
 1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "PERSONNEL RECORD" SHALL
 MEAN 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 AND  SUCH  PERSONNEL  RECORDS
 UNDER  THE CONTROL OF AN EMERGENCY MEDICAL SERVICE PROVIDER WHO PROVIDES
 EMERGENCY MEDICAL SERVICE AS DEFINED IN SECTION THREE  THOUSAND  ONE  OF
 THE  PUBLIC  HEALTH  LAW  FOR  INDIVIDUALS WHO PROVIDE EMERGENCY MEDICAL
 SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11942-03-2
              

 A. 9574                             2
 
   2. (A) ANY PART OF  A  PERSONNEL  RECORD  WHICH  CONTAINS  INFORMATION
 REGARDING  A  COMPLAINT  WHICH  WAS  INVESTIGATED  AND  DETERMINED TO BE
 UNFOUNDED 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  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  OR
 PROBATION  DEPARTMENT,  OR  EMERGENCY MEDICAL SERVICE PROVIDER EXCEPT AS
 MAY BE MANDATED BY LAWFUL COURT ORDER.
   (B) 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.
   (C)  IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS A SUFFICIENT
 BASIS, THE JUDGE SHALL SIGN AN ORDER REQUIRING THAT THE RELEVANT PORTION
 OF SUCH PERSONNEL RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO THE
 COURT. THE JUDGE SHALL THEN REVIEW THE FILE AND MAKE A DETERMINATION  AS
 TO WHETHER THE RELEVANT PORTION OF SUCH RECORDS ARE RELEVANT AND MATERI-
 AL  IN SUCH ACTION. UPON SUCH A FINDING THE COURT SHALL MAKE THOSE PARTS
 OF THE RECORD FOUND TO BE RELEVANT AND MATERIAL AVAILABLE TO THE PERSONS
 SO REQUESTING.
   3. NO INFORMATION REGARDING A  COMPLAINT  AGAINST  A  POLICE  OFFICER,
 PEACE  OFFICER,  FIREFIGHTER,  CORRECTION  OFFICER, OR EMERGENCY MEDICAL
 SERVICE PROVIDER WHICH WAS INVESTIGATED AND DETERMINED TO  BE  UNFOUNDED
 SHALL  BE  INCLUDED  IN SUCH POLICE OFFICER, PEACE OFFICER, FIREFIGHTER,
 CORRECTION OFFICER, OR EMERGENCY MEDICAL  SERVICE  PROVIDER'S  PERSONNEL
 RECORD.
   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.