Assembly Bill A1758

2023-2024 Legislative Session

Relates to exempting certain statements relating to sexual abuse or misconduct from disclosure under FOIL

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Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1758 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7679
2019-2020: A2658
2021-2022: A3673

2023-A1758 (ACTIVE) - Summary

Exempts statements of victims and witnesses relating to sexual abuse or misconduct from disclosure under FOIL provisions.

2023-A1758 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1758
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A. LAVINE, COLTON, COOK, WILLIAMS, J. M. GIGLIO,
   DICKENS -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, HEVESI,  HYNDMAN
   -- read once and referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the  public  officers  law, in relation to exempting
   certain statements relating to sexual abuse or misconduct from disclo-
   sure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (e) of subdivision 2 of section 87 of the public
 officers law, as amended by chapter 155 of the laws of 2022, is  amended
 to read as follows:
   (e)  are 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 receive confir-
 mation  from  the law enforcement or investigating agency conducting the
 investigation 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; OR
   V. REVEAL ANY STATEMENT MADE BY A WITNESS OR VICTIM RELATING TO SEXUAL
 ABUSE OR MISCONDUCT;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02752-01-3

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