assembly Bill A5470

2021-2022 Legislative Session

Relates to access to certain records

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Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2021 returned to assembly
passed senate
3rd reading cal.679
substituted for s6017
Mar 18, 2021 referred to investigations and government operations
delivered to senate
passed assembly
Mar 04, 2021 advanced to third reading cal.148
Mar 01, 2021 reported
Feb 23, 2021 reported referred to codes
Feb 18, 2021 referred to governmental operations

Co-Sponsors

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Multi-Sponsors

A5470 (ACTIVE) - Details

See Senate Version of this Bill:
S6017
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 89, Pub Off L; amd §50-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9460
2013-2014: A5170
2015-2016: A4468
2017-2018: A3463
2019-2020: A3939, S5496

A5470 (ACTIVE) - Summary

Requires a particularized and specific justification for denial of access to records under the freedom of information law; relates to exemption from disclosure under the freedom of information law of certain law enforcement related records and records identifying victims.

A5470 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5470
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  GLICK,  GALEF, PEOPLES-STOKES,
   L. ROSENTHAL, ABINANTI, SEAWRIGHT, REYES, LUPARDO  --  Multi-Sponsored
   by  --  M. of A.   PERRY -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the public officers law,  in  relation  to  requiring  a
   particularized  and  specific  justification  for  denial of access to
   records under the  freedom  of  information  law  and  exemption  from
   disclosure  under  the  freedom  of  information  law  of  certain law
   enforcement related records; and to amend the  civil  rights  law,  in
   relation to records identifying victims
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 87 of the public officers law is amended by  adding
 a new subdivision 6 to read as follows:
   6.  WHEN A REQUEST IS MADE FOR AGENCY RECORDS AND THE AGENCY RECEIVING
 SUCH REQUEST IS CONSIDERING DENYING ACCESS PURSUANT TO SUBPARAGRAPH I OF
 PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION  ON  THE  GROUNDS  THAT
 DISCLOSURE  WOULD  INTERFERE  WITH  A  JUDICIAL  PROCEEDING,  THE AGENCY
 RECEIVING SUCH REQUEST SHALL PROMPTLY  NOTIFY,  IN  WRITING,  THE  JUDGE
 BEFORE  WHOM  SUCH  JUDICIAL PROCEEDING IS PENDING AND THE PERSON MAKING
 THE REQUEST. SUCH JUDGE SHALL NOTIFY THE PERSON REQUESTING THE RECORD OF
 ITS RECEIPT, AND OFFER THE PERSON REQUESTING  THE  RECORD  A  REASONABLE
 OPPORTUNITY TO BE HEARD. AFTER DUE DELIBERATION, SUCH JUDGE SHALL DETER-
 MINE WHETHER ACCESS TO SUCH RECORDS SHOULD BE DENIED PURSUANT TO SUBPAR-
 AGRAPH  I  OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION AND SHALL
 SUBMIT SUCH DETERMINATION IN  WRITING  TO  THE  AGENCY  AND  THE  PERSON
 REQUESTING THE RECORD.  THE AGENCY SHALL THEN PROCEED AS REQUIRED PURSU-
 ANT TO THIS ARTICLE, IN ACCORDANCE WITH THE COURT'S DETERMINATION.
   §  2. Subdivision 6 of section 89 of the public officers law, as added
 by chapter 933 of the laws of 1977 and as renumbered by chapter  890  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07836-01-1