Senate Bill S4637

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4637
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen.  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  disclosure  of
   law enforcement personnel records; 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. The civil rights law is amended by  adding  a  new  section
 50-a to read as follows:
   §  50-A.  PERSONNEL  RECORDS  OF  POLICE  OFFICERS,  FIREFIGHTERS  AND
 CORRECTION OFFICERS. 1. ALL PERSONNEL RECORDS USED TO EVALUATE  PERFORM-
 ANCE  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 IN SECTION 1.20 OF  THE  CRIMINAL
 PROCEDURE  LAW  AND  SUCH PERSONNEL RECORDS UNDER THE CONTROL OF A SHER-
 IFF'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 TWENTY-THREE AND
 TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW  AND  SUCH
 PERSONNEL  RECORDS UNDER THE CONTROL OF A PROBATION DEPARTMENT FOR INDI-
 VIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY-FOUR OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW SHALL BE CONSIDERED CONFIDEN-
 TIAL AND NOT SUBJECT TO INSPECTION OR REVIEW WITHOUT THE EXPRESS WRITTEN
 CONSENT OF  SUCH  POLICE  OFFICER,  FIREFIGHTER,  FIREFIGHTER/PARAMEDIC,
 CORRECTION OFFICER OR PEACE OFFICER WITHIN THE DEPARTMENT OF CORRECTIONS
 AND  COMMUNITY  SUPERVISION  OR  PROBATION  DEPARTMENT  EXCEPT AS MAY BE
 MANDATED BY LAWFUL COURT ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08925-01-5
              

 S. 4637                             2
 
   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. THE JUDGE
 SHALL  THEN  REVIEW  THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE
 RECORDS ARE RELEVANT AND MATERIAL IN THE ACTION BEFORE SUCH JUDGE.  UPON
 SUCH  A  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 SUCH DISTRICT ATTORNEY'S ASSISTANTS, THE ATTORNEY GENERAL OR
 SUCH  ATTORNEY  GENERAL'S  DEPUTIES  OR ASSISTANTS, A COUNTY ATTORNEY OR
 SUCH COUNTY ATTORNEY'S DEPUTIES OR ASSISTANTS, A CORPORATION COUNSEL  OR
 SUCH  CORPORATION  COUNSEL'S  DEPUTIES OR ASSISTANTS, A TOWN ATTORNEY OR
 SUCH TOWN ATTORNEY'S DEPUTIES OR ASSISTANTS, A VILLAGE ATTORNEY OR  SUCH
 VILLAGE  ATTORNEY'S  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. Subdivisions 6, 7, 8 and 9 of section 86 of the  public  officers
 law are REPEALED.
   § 3. Subdivisions 4-a and 4-b of section 87 of the public officers law
 are REPEALED.
   § 4. Subdivisions 2-b and 2-c of section 89 of the public officers law
 are REPEALED.
   § 5. This act shall take effect immediately.