senate Bill S8428

2021-2022 Legislative Session

Relates to the 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2022 referred to investigations and government operations

S8428 (ACTIVE) - Details

See Assembly Version of this Bill:
A9050
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 89, Pub Off L

S8428 (ACTIVE) - Summary

Requires the disclosure of certain information when an agency responds to a request for law enforcement disciplinary records, including information a victim alleges regarding sexual misconduct.

S8428 (ACTIVE) - Sponsor Memo

S8428 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8428
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation to  the  disclosure
   of law enforcement officer's disciplinary records
 
   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 4-c to read as follows:
   4-C.  AN  AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCEMENT DISCIPLI-
 NARY RECORDS AS DEFINED IN SECTION EIGHTY-SIX OF THIS ARTICLE SHALL  NOT
 DENY ACCESS TO SUCH RECORDS OR PORTIONS THEREOF ON THE GROUNDS THAT SUCH
 RECORDS:
   (A)   CONSTITUTE  AN  UNWARRANTED  INVASION  OF  PERSONAL  PRIVACY  AS
 DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO OF  THIS  SECTION  BECAUSE
 SUCH  RECORDS  CONCERN COMPLAINTS, ALLEGATIONS, OR CHARGES THAT HAVE NOT
 YET BEEN DETERMINED, DID NOT RESULT IN DISCIPLINARY ACTION, OR  RESULTED
 IN A DISPOSITION OR FINDING OTHER THAN SUBSTANTIATED OR GUILTY;
   (B)  ARE  COMPILED  FOR LAW ENFORCEMENT PURPOSES AS DESCRIBED IN PARA-
 GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION;
   (C) ARE INTER-AGENCY OR INTRA-AGENCY MATERIALS AS DESCRIBED  IN  PARA-
 GRAPH (G) OF SUBDIVISION TWO OF THIS SECTION;
   (D)  ARE  OR  WERE  DESIGNATED  AS  CONFIDENTIAL, SECRET, OR OTHERWISE
 PRIVATE BY A PRIVATE AGREEMENT, INCLUDING BUT NOT LIMITED TO  A  SETTLE-
 MENT, STIPULATION, CONTRACT, OR COLLECTIVE BARGAINING AGREEMENT; OR
   (E) WERE CREATED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  2.   Paragraphs (c) and (d) of subdivision 2-b of section 89 of the
 public officers law, as added by chapter 96 of the  laws  of  2020,  are
 amended and a new paragraph (e) is added to read as follows:
   (c) any social security numbers; [or]
   (d)  disclosure  of  the use of an employee assistance program, mental
 health service, or  substance  abuse  assistance  service  by  a  person
 employed by a law enforcement agency as defined in section eighty-six of
 this  article  as  a  police  officer,  peace officer, or firefighter or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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