S T A T E O F N E W Y O R K
________________________________________________________________________
111
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, MURRAY, OBERACKER,
PALUMBO, RHOADS, WEBER, WEIK -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to the confidentiality
of personnel records of police officers, firefighters, correction
officers and probation officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
50-a to read as follows:
§ 50-A. PERSONNEL RECORDS; CONFIDENTIALITY OF POLICE OFFICERS, FIRE-
FIGHTERS, CORRECTION OFFICERS AND PROBATION OFFICERS. 1. ALL PERSONNEL
RECORDS USED TO EVALUATE PERFORMANCE TOWARD CONTINUED EMPLOYMENT OR
PROMOTION, UNDER THE CONTROL OF ANY POLICE AGENCY OR DEPARTMENT OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF INCLUDING AUTHORITIES OR
AGENCIES MAINTAINING POLICE FORCES OF INDIVIDUALS DEFINED AS POLICE
OFFICERS PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A
SHERIFF'S DEPARTMENT OR A DEPARTMENT OF CORRECTION OF INDIVIDUALS
EMPLOYED AS CORRECTION OFFICERS AND SUCH PERSONNEL RECORDS UNDER THE
CONTROL OF A PAID FIRE DEPARTMENT OR FORCE OF INDIVIDUALS EMPLOYED AS
FIREFIGHTERS OR FIREFIGHTER/PARAMEDICS AND SUCH PERSONNEL RECORDS UNDER
THE CONTROL OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
FOR INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISIONS TWEN-
TY-THREE AND TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
LAW AND SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A PROBATION DEPART-
MENT FOR INDIVIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION
TWENTY-FOUR OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW SHALL BE
CONSIDERED CONFIDENTIAL AND NOT SUBJECT TO INSPECTION OR REVIEW WITHOUT
THE EXPRESS WRITTEN CONSENT OF SUCH POLICE OFFICER, FIREFIGHTER,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00729-01-5
S. 111 2
FIREFIGHTER/PARAMEDIC, CORRECTION OFFICER OR PEACE OFFICER WITHIN THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR PROBATION DEPART-
MENT EXCEPT AS MAY BE MANDATED BY LAWFUL COURT ORDER.
2. PRIOR TO ISSUING SUCH COURT ORDER THE JUDGE MUST REVIEW ALL SUCH
REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTUNITY TO BE HEARD. NO
SUCH ORDER SHALL ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO
WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
3. IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS A SUFFICIENT
BASIS SUCH JUDGE SHALL SIGN AN ORDER REQUIRING THAT THE PERSONNEL
RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO SUCH JUDGE WHO SHALL
THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE RECORDS
ARE RELEVANT AND MATERIAL IN SUCH ACTION. UPON SUCH FINDING THE COURT
SHALL MAKE THOSE PARTS OF THE RECORD FOUND TO BE RELEVANT AND MATERIAL
AVAILABLE TO THE PERSONS SO REQUESTING.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DISTRICT
ATTORNEY OR ASSISTANTS, THE ATTORNEY GENERAL OR DEPUTIES OR ASSISTANTS,
A COUNTY ATTORNEY OR DEPUTIES OR ASSISTANTS, A CORPORATION COUNSEL OR
DEPUTIES OR ASSISTANTS, A TOWN ATTORNEY OR DEPUTIES OR ASSISTANTS, A
VILLAGE ATTORNEY OR DEPUTIES OR ASSISTANTS, A GRAND JURY, OR ANY AGENCY
OF GOVERNMENT WHICH REQUIRES THE RECORDS DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION, IN THE FURTHERANCE OF THEIR OFFICIAL FUNCTIONS.
§ 2. This act shall take effect immediately.