S T A T E O F N E W Y O R K
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4966
2025-2026 Regular Sessions
I N S E N A T E
February 14, 2025
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Introduced by Sens. BAILEY, BRISPORT, JACKSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Cities 1
AN ACT to amend the New York city charter, in relation to allowing
access to sealed records and certain confidential records by the New
York city civilian complaint review board in furtherance of the
board's duties and functions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York city charter is amended by adding a new
section 442 to read as follows:
§ 442. ACCESS TO SEALED RECORDS. A. NOTWITHSTANDING ANY PROVISION OF
ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE BOARD SHALL BE
GRANTED ACCESS TO AND MAY RECEIVE FROM ANY PUBLIC AGENCY OF THE STATE OF
NEW YORK OR ANY POLITICAL SUBDIVISION THEREOF ANY RECORD THAT IS OTHER-
WISE SEALED IN ACCORDANCE WITH APPLICABLE LAW IN FURTHERANCE OF THE
BOARD'S DUTIES AND FUNCTIONS PURSUANT TO THIS CHAPTER, OR A COPY OF SUCH
RECORD, WHICH SHALL BE DEEMED TO BE A "SEALED RECORD" FOR PURPOSES OF
THIS SECTION, SUBJECT TO THE REQUIREMENTS SET FORTH IN THIS SECTION.
B. ACCESS TO RECORDS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION
SHALL BE RESTRICTED TO MEMBERS AND EMPLOYEES OF THE BOARD WHO HAVE
DIRECT INVOLVEMENT IN A MATTER REQUIRING USE OF SUCH RECORDS, PROVIDED
THAT THE BOARD MAY DISCLOSE ANY RECORD OBTAINED PURSUANT TO THIS SECTION
TO A PUBLIC AGENCY FOR THE PURPOSE OF A REFERRAL FOR PROSECUTION OR
INVESTIGATION, OR IN FURTHERANCE OF A DISCIPLINARY PROCEEDING, IN
ACCORDANCE WITH APPLICABLE LAW. IN ADDITION, SUCH RECORD MAY BE SHARED
WITH THE EMPLOYEE OF THE POLICE DEPARTMENT WHO IS THE SUBJECT OF A
DISCIPLINARY PROCEEDING OR SUCH EMPLOYEE'S REPRESENTATIVE, SUBJECT TO
THE REQUIREMENTS OF THIS SECTION, ANY APPLICABLE PROVISIONS OF THE
PROTOCOLS DESCRIBED IN PARAGRAPH TWO OF SUBDIVISION E OF THIS SECTION,
AND ANY OTHER APPROPRIATE CONDITIONS THAT MAY BE IMPOSED BY AN ADMINIS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00172-01-5
S. 4966 2
TRATIVE LAW JUDGE, HEARING OFFICER, COURT OR OTHER ADJUDICATIVE BODY TO
ENSURE THE CONTINUED CONFIDENTIALITY OF SUCH RECORD.
C. UPON RECEIVING A SEALED RECORD FROM A PUBLIC AGENCY, SHARING OR
TRANSFERRING A SEALED RECORD TO A PUBLIC AGENCY, EMPLOYEE OF THE POLICE
DEPARTMENT WHO IS THE SUBJECT OF A DISCIPLINARY PROCEEDING OR SUCH
EMPLOYEE'S REPRESENTATIVE, OR DESTROYING OR RETURNING ALL COPIES OF SUCH
RECORD PURSUANT TO THIS SECTION, THE BOARD SHALL AS SOON AS PRACTICABLE
NOTIFY, BY FIRST-CLASS MAIL THE PERSON WHO IS THE SUBJECT OF THE ACTION
OR PROCEEDING FOR WHICH THE RECORD WAS SEALED, AND THE REPRESENTATIVE
THAT REPRESENTED SUCH PERSON AT THE TIME OF THE TERMINATION OF SUCH
ACTION OR PROCEEDING, AT THE ADDRESSES PROVIDED BY SUCH PERSON AND SUCH
PERSON'S REPRESENTATIVE DURING SUCH ACTION OR PROCEEDING, OR AT ANY
OTHER CURRENT ADDRESSES THAT CAN REASONABLY BE ASCERTAINED BY THE BOARD.
D. WHEN THE BOARD HAS NO FURTHER NEED IN FURTHERANCE OF ITS DUTIES AND
FUNCTIONS PURSUANT TO THIS CHAPTER TO MAINTAIN A SEALED RECORD OBTAINED
FROM A PUBLIC AGENCY PURSUANT TO THIS SECTION, ALL COPIES OF SUCH RECORD
SHALL BE DESTROYED OR, AT SUCH PUBLIC AGENCY'S DIRECTION, BE RETURNED TO
SUCH AGENCY IN A MANNER PRESERVING THE CONFIDENTIALITY OF THE RECORD.
E. 1. RECORDS OBTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL NOT
BE DISCLOSED BY THE BOARD EXCEPT AS AUTHORIZED BY THIS SECTION. SEALED
RECORDS MAINTAINED BY THE BOARD SHALL AT ALL TIMES BE CLEARLY MARKED AS
SEALED AND CONFIDENTIAL.
2. BEFORE OBTAINING RECORDS PURSUANT TO THIS SECTION, THE BOARD SHALL
ESTABLISH PROTOCOLS, IN ADDITION TO THOSE SET FORTH IN THIS SECTION AND
IN CONSULTATION WITH THE CHIEF PRIVACY OFFICER DESIGNATED PURSUANT TO
SUBDIVISION H OF SECTION EIGHT OF THIS CHARTER, TO GOVERN THE PROPER
ACQUISITION, USE, STORAGE, AND OTHER HANDLING AND DISPOSITION OF, AND
ACCESS TO, RECORDS OBTAINED PURSUANT TO THIS SECTION. SUCH PROTOCOLS MAY
INCLUDE PROCEDURES FOR THE APPROPRIATE HANDLING OF RECORDS TRANSFERRED
TO OR SHARED BY THE BOARD WITH OTHER PUBLIC AGENCIES, OR WITH AN EMPLOY-
EE OF THE POLICE DEPARTMENT WHO IS THE SUBJECT OF A DISCIPLINARY
PROCEEDING OR SUCH EMPLOYEE'S REPRESENTATIVE.
F. 1. ACCESS TO RECORDS RECEIVED FROM THE BOARD BY ANY PUBLIC AGENCY
PURSUANT TO THIS SECTION SHALL BE RESTRICTED TO MEMBERS OF THE BOARD OF
THE RECEIVING AGENCY, OR EMPLOYEES OF SUCH AGENCY, WHO HAVE DIRECT
INVOLVEMENT IN THE MATTER REQUIRING USE OF SUCH RECORDS. ACCESS TO
RECORDS RECEIVED FROM THE BOARD BY AN EMPLOYEE OF THE POLICE DEPARTMENT
WHO IS THE SUBJECT OF A DISCIPLINARY PROCEEDING, OR BY SUCH EMPLOYEE'S
REPRESENTATIVE, SHALL BE RESTRICTED TO SUCH EMPLOYEE AND SUCH EMPLOYEE'S
REPRESENTATIVE, OR AS OTHERWISE SPECIFIED BY THE APPLICABLE ADMINISTRA-
TIVE LAW JUDGE, HEARING OFFICER, COURT OR OTHER ADJUDICATIVE BODY IN
FURTHERANCE OF THE PURPOSES OF THIS SECTION.
2. WHEN A PUBLIC AGENCY, EMPLOYEE OF THE POLICE DEPARTMENT WHO IS THE
SUBJECT OF A DISCIPLINARY PROCEEDING OR SUCH EMPLOYEE'S REPRESENTATIVE
THAT RECEIVES A SEALED RECORD FROM THE BOARD PURSUANT TO THIS SECTION
HAS NO FURTHER NEED TO MAINTAIN SUCH RECORD, ALL COPIES OF SUCH RECORD
SHALL BE DESTROYED, OR RETURNED TO THE BOARD OR AT THE BOARD'S DIREC-
TION, TO THE PUBLIC AGENCY FROM WHICH THE BOARD RECEIVED SUCH RECORD IN
A MANNER PRESERVING THE CONFIDENTIALITY OF THE RECORD.
3. SEALED RECORDS OBTAINED FROM THE BOARD BY A PUBLIC AGENCY OR BY ANY
OTHER PERSON OR ENTITY PURSUANT TO THIS SECTION SHALL NOT BE DISCLOSED
BY SUCH PUBLIC AGENCY, PERSON OR ENTITY EXCEPT AS AUTHORIZED BY THIS
SECTION OR AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW OR ORDER OF A
COURT OF COMPETENT JURISDICTION. SUCH RECORDS SHALL AT ALL TIMES BE
CLEARLY MARKED BY SUCH PUBLIC AGENCY, PERSON OR ENTITY THAT HAS RECEIVED
SUCH RECORDS AS SEALED AND CONFIDENTIAL.
S. 4966 3
4. THE BOARD SHALL INFORM EACH AGENCY, EMPLOYEE OF THE POLICE DEPART-
MENT WHO IS THE SUBJECT OF A DISCIPLINARY PROCEEDING OR SUCH EMPLOYEE'S
REPRESENTATIVE TO WHICH IT TRANSFERS OR SHARES A SEALED RECORD ABOUT THE
REQUIREMENTS OF THIS SECTION APPLICABLE TO SUCH AGENCY, EMPLOYEE OR
EMPLOYEE'S REPRESENTATIVE.
G. FOR PURPOSES OF THIS SECTION, A RECORD THAT IS CONFIDENTIAL OR NOT
AVAILABLE FOR PUBLIC INSPECTION PURSUANT TO SECTION FIFTY-B OF THE CIVIL
RIGHTS LAW SHALL BE DEEMED TO BE A SEALED RECORD THAT THE BOARD MAY
OBTAIN PURSUANT TO THIS SECTION. IN ADDITION, THE VICTIM TO WHICH SUCH
RECORD PERTAINS, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF
SUCH VICTIM, SHALL BE THE PERSON WHO IS REQUIRED TO BE NOTIFIED WHEN THE
BOARD RECEIVES, DESTROYS OR RETURNS SUCH RECORD PURSUANT TO SUBDIVISION
C OF THIS SECTION.
§ 2. This act shall take effect immediately.