NY State Senate Bill S7734

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2022	signed chap.155 delivered to governor
Mar 02, 2022	returned to senate passed assembly
Feb 07, 2022	ordered to third reading cal.368 substituted for a8734
Jan 31, 2022	referred to codes delivered to assembly passed senate
Jan 10, 2022	ordered to third reading cal.62
Jan 07, 2022	referred to rules

Votes

view votes

Jan 31, 2022 - floor Vote

S7734

floor

Aye

Nay

Absent

Excused

Abstained

Jan 18, 2022 - Rules committee Vote

S7734

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 10, 2022 - Rules committee Vote

S7734

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7734 (ACTIVE) - Details

See Assembly Version of this Bill:: A8734
Law Section:: Public Officers Law
Laws Affected:: Rpld §87 sub 6, amd §87, Pub Off L; amd §50-b, Civ Rts L (as proposed in S.6017 & A.5470)

S7734 (ACTIVE) - Summary

Relates to freedom of information law disclosures related to law enforcement related records and records identifying victims.

S7734 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7734

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law and the civil rights law, in
relation to freedom of information law disclosures related to law
enforcement related records and records identifying victims; and to
repeal certain provisions of the public officers law relating thereto

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2021,
c.808, by removing the requirement that a judicial hearing be held to
determine whether documents related to a judicial proceeding should be
withheld pursuant to a FOIL request; adding language to require an agen-
cy, that is not the assigned investigative agency in an ongoing investi-
gation, to obtain certification from the assigned investigative agency
that the FOIL-requested records may be withheld because they would
impede an ongoing investigation; and removing language amending the
civil rights law made by the underlying chapter.

SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by removing language
which required a judicial hearing be held to determine whether FOIL-re-
quested records related to an ongoing judicial proceeding will interfere
upon release with an ongoing judicial proceeding.  Additionally, the
amendments remove language amending the civil rights law made by the
underlying chapter, in relation to protecting domestic victim status
confidentiality.

 
EXISTING:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter to no
longer affect the process for FOIL exemptions relating to judicial
proceedings in order to prevent any related judicial proceeding delays.
Additionally, civil rights law amendments made by the underlying chapter
were removed, to prevent any portions of a report from being released
that could possibly identify a domestic violence victim.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 808 of the Laws of 2021. S.6017 passed the
Senate in June 2021 and A.5470 passed the Assembly in March 2021.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021 requiring, as proposed in legislative bills
numbers S.6017 and A.5470, takes effect.

S7734 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7734
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law and the  civil  rights  law,  in
   relation  to  freedom  of  information  law disclosures related to law
   enforcement related records and records identifying  victims;  and  to
   repeal certain provisions of the public officers law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 87 of the public officers law,  as
 added  by a chapter of the laws of 2021 amending the public officers law
 relating 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 amending the civil rights
 law relating to records identifying victims, as proposed in  legislative
 bills numbers S. 6017 and A. 5470, is REPEALED.
   §  2. Paragraph (e) of subdivision 2 of section 87 of the public offi-
 cers law, as amended by a chapter of  the  laws  of  2021  amending  the
 public  officers law relating 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 amending
 the civil  rights  law  relating  to  records  identifying  victims,  as
 proposed in legislative bills numbers S. 6017 and A. 5470, is amended to
 read as follows:
   (e)  are  [prepared  or created] COMPILED for law enforcement purposes
 only to the extent that disclosure would:
   i.  interfere  with  law  enforcement   investigations   or   judicial
 proceedings,  provided however, that any agency, WHICH IS NOT CONDUCTING
 THE INVESTIGATION THAT THE REQUESTED RECORDS RELATE TO, THAT IS  consid-
 ering  denying  access  pursuant  to this subparagraph shall [proceed in
 accordance with subdivision six of this  section]  RECEIVE  CONFIRMATION
 FROM THE LAW ENFORCEMENT OR INVESTIGATING AGENCY CONDUCTING THE INVESTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07836-04-2

 S. 7734                             2
 
 GATION  THAT  DISCLOSURE  OF SUCH RECORDS WILL INTERFERE WITH AN ONGOING
 INVESTIGATION;
   ii.  deprive  a person of a right to a fair trial or impartial adjudi-
 cation;
   iii. identify a confidential source or disclose confidential  informa-
 tion relating to a criminal investigation; or
   iv.  reveal  criminal  investigative  techniques or procedures, except
 routine techniques and procedures;
   § 3. Subdivision 1 of section 50-b of the civil rights law, as amended
 by a chapter of the laws of 2021 amending the public officers law relat-
 ing 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 amending the civil rights law relating
 to records identifying victims, as proposed in legislative bills numbers
 S.  6017 and A. 5470, is amended to read as follows:
   1. The identity of any victim of a sex offense, as defined in  article
 one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
 or of an offense involving the alleged transmission of the human immuno-
 deficiency  virus,  shall  be  confidential. No [portion of any] report,
 paper, picture, photograph, court file or other documents, in the custo-
 dy or possession of any public officer  or  employee,  which  identifies
 such  a  victim  shall  be made available for public inspection. No such
 public officer or employee shall disclose  any  portion  of  any  police
 report,  court  file,  or other document, which tends to identify such a
 victim except as provided in subdivision two of this section.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2021 amending the public officers law
 relating  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 amending the  civil  rights
 law  relating to records identifying victims, as proposed in legislative
 bills numbers S. 6017 and A. 5470, takes effect.

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The New York State Senate

senate Bill S7734

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 31, 2022 - floor Vote

Floor Vote: Jan 31, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

S7734 (ACTIVE) - Details

S7734 (ACTIVE) - Summary

S7734 (ACTIVE) - Sponsor Memo

S7734 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7734

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Sponsored By

James Skoufis

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 31, 2022 - floor Vote

Floor Vote: Jan 31, 2022

Jan 18, 2022 - Rules committee Vote

Rules Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Rules Committee Vote: Jan 10, 2022

S7734 (ACTIVE) - Details

S7734 (ACTIVE) - Summary

S7734 (ACTIVE) - Sponsor Memo

S7734 (ACTIVE) - Bill Text download pdf

Comments