|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 28, 2022||referred to investigations and government operations|
senate Bill S8428
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8428 (ACTIVE) - Details
S8428 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8428 SPONSOR: BAILEY TITLE OF BILL: An act to amend the public officers law, in relation to the disclosure of law enforcement officer's disciplinary records PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to clarify the full scope of § 50-a's repeal. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 87 of the public officers' law by adding a new subdivision, 4-c, which further clarifies situations in which a request for records cannot be denied. Section 2 amends section 89 subdivision 2-b of the public officers' law to add safeguards for survivors of police sexual harassment and miscon- duct.
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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