senate Bill S6286

2021-2022 Legislative Session

Relates to limiting certain disclosure of law enforcement disciplinary records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 20, 2021 referred to investigations and government operations

Co-Sponsors

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S6286 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§86, 87 & 89, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S8674

S6286 (ACTIVE) - Summary

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

S6286 (ACTIVE) - Sponsor Memo

S6286 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6286
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sens. SERINO, GALLIVAN, JORDAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 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 chapter 96 of the laws of 2020, 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 chapter 96 of the laws of 2020, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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